Information Bank

According to Section 18 of the Trade Marks Act, 1999, an application is to be made before the Registrar for Trademark Registration in India. A single application can be made for the registration of a Trademark for different classes of goods/services by paying specified fees for each such class of goods/services. The filing of a Trademark application is an initial stage of the registration process and for registering different kinds of Trademarks, different kinds of Applications can be filed by the Applicant.

Categories Of Trademark Application

1. Standard Trademark Application
2. Multiclass Trademark Application
3. Convention/Priority Trademark Application
4. Series Application
5. Certification Marks
6. Collective Marks
7. Standard Trademark Application

1. Standard Trademark Application Standard Trademark Application is filed for a single class of goods/services. For such an application, form TM-A has to be filed along with the prescribed fees in an adequate manner.

2. Multiclass Trademark Application

Multiclass Trademark Application is filed for more than one class of goods/services. For such an Application, form TM-A has to be filed, which provides for filing a single application for different classes of goods/services along with the prescribed fees in an adequate manner.

3. Convention/Priority Trademark Application

Convention/Priority Trademark Applications are filed for the registration of Trademark seeking priority from a Convention Country and Section 154 of the Trademark Act, 1999, deals with it. According to the provision, if an individual applies for trademark registration in a convention country and then applies for registration of the same trademark in India within six months of the date of the application in the convention country, the mark, if registered, will be registered as of the date of the application in the convention country.

Registration of a single class or multiple classes of goods/services through a Convention Trademark can be made on Form TM-A.

4. Series Application

Series applications are filed for more than one Trademark which are not considerably distinguishable and thereby can be filed with a single application. For such an Application, form TM-A has to be filed along with the prescribed fees in an adequate manner. 

5. Certification Marks

A certification mark is a mark indicating that the goods/services in connection with which it is used are certified by the proprietor of the mark in respect of origin, material, and mode of manufacture of goods or performance of services, quality, accuracy, or other characteristics. Form TM-A should be submitted to the Trademark Registry in accordance with the regulations governing the Trademark Registration.

6. Collective Marks

A collective mark is a mark distinguishing the goods/services of members of the association, which is the proprietor of the mark, from those of other undertakings.” The main feature of a collective mark is that it is used as an indication to the relevant public that goods or services originate from a member of a particular association. It is therefore a sign of membership. In the case of such registration, an application on Form TM-A must be made, which must include the following:

• Name and address of the association of persons
• The object of the association
• The details of members,
• The conditions for membership and the relationship of each member with the group;
• The terms and conditions governing the use of collective marks;
• The person having authority to use such a mark and the nature of control exercised over the use of the collective mark.

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