Regulations for manner of Indicating Names and Addresses

trademark

  • Names : Where the name of the person is to be indicated, regulations under any contracting party may require, where the person is a natural person, that the name to be indicated be the family or principal name and given or secondary name or names of that person or that the name to be indicated be, at that person’s option, the name or names customarily used by the said person.
  • Where the person is a individual separate legal entity, that the name to be indicated be the full official designation of the separate legal entity.
  • Where the name of the corresponding applicant which is a firm or partnership is to be intimated, the regulations under any Contacting party shall accept as intimation of the name the indication that the firm or partnership uses.
  • Addresses : Where the address of the person is to be indicated, any contracting party may require that the address be indicated in such a way as to satisfy the customary requirements for prompt postal delivery at the indicated address and, in any case, consist of all the relevant administrative units upto, and including, the house or building number, if any.
  • Where the communication to the Office of the contracting party is in the name of two or more persons with different addresses, that the regulations of the contracting party may require that such communication indicate a single as the address for correspondence.
  • The indication of an address may contain a telephone number and a telefacsimile number and, for the purposes of correspondence, an address different from address indicated under subparagraph(a).

Any contacting party shall need  that any indication referred to in paragraph(1) and (2) be in the concept used by the Office as per the regulations of the Trademark Law.

Regulations for Concerning the Application

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  • Standard Characters : Where, pursuant to Article 3(1) (a), the application contains a statement to the effect that the applicant wishes that the mark be registered and published in the standard characters used by the Office of the contracting party, the office shall register and publish that Trademark in such standard characters.
  • Number of Reproductions: Where the application does not contain a statement to the effect that the applicant wishes to claim color as a distinctive feature of the mark, a contracting party may not require more than five reproductions of the trademark registration in Black and White where the application may not , regulations under the law of that contracting party, or does not contain a statement to the effect of that the applicant wishes the trademark registered and published in the standard characters used by the Office of that said Contracting Party as per the Regulations;
  • One reproduction of the trademark in black and white where the application contains a statement to the effect that the applicant wishes the mark to be registered and published in the standard characters used by the office of that contracting party as per the regulations of the Trademark Law.
  • Where the application contains a statement to the effect of that the applicant wishes the mark to claim color as a distinctive feature of a trademark registration in the contracting party may not require more than five reproductions of the mark in black and white and five reproductions of the color as defined in the Regulations of the Trademark Law.

Regulations for Reproduction of a three dimensional mark
trademark

  • Where, pursuant to Article 3(1)(a)(11), the application contains a statement to the effect that the mark is a three-dimensional mark, the reproduction of the mark shall consist of a two-dimensional graphic or photographic reproduction, which is clearly mentioned in the Regulations under the Trademark Law.
  • Two reproduction furnished under subparagraph (a) may, at the option of the applicant, consist of one single view of the mark or of several different views of the mark.
  • Where the office considers that the reproduction of that trademark furnished by the applicant under subparagraph (a) does not sufficiently show the particulars of the three dimensional mark , it may invite the applicant to furnish, within a reasonable time lime fixed in the invitation, up to six different views of the mark and/or a description by words of that mark.
  • Where the office carries that the various views and/or the explanation of the trademark registration, referred to in subparagraph(c) still do not enough to present the particulars of the three dimensional mark, it may invite the applicant to furnish, within reasonable time limit fixed in the invitation, the specimen of the mark, which is clearly defined in the regulations under the Trademark Law.

Regulations for Transliteration of the mark

trademark

For the purposes of Article 3(1)(a)(13), where the mark consists of or contains matter in script other than the script used by the office or numbers expressed in numerals other than numerals used by the office, a transliteration of such matter in the script and numerals used by the office may be required.

Translation of the mark

For the purposes of Article 3 (1)(a)(14), where the mark consists of or contains a word or words in a language other than language, or one of the languages, admitted by the office, a translation of that word or those words into that language or one of those languages may be required as may be provided in the regulations of the Trademark Law. The time limit also referred to the Article 3(6) shall not be shorter than six months counted from the date of allowance of the application by the Office of the Contracting party where the application was filed under the Regulations of the Trademark Law. The applicant of the trademark registration or representative shall have the right to an extension of that time limit, with respect to the conditions given for by the law of that contracting party, by periods of at least six months each up to a total extension of at least two and half year, which is clearly mentioned in Regulations of Trademark Law.

Regulations for Concerning Representation

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The time limit referred to in Article 4(3)(d) shall be counted from the date of receipt of the communication referred to in that Article by the office of the contracting party concerned and shall not less than one month where the address of the person on whose behalf the communication is made is on the territory of that Contracting Party and not less than two months where such an address is outside the territory of the Contracting Party which is based on the Regulations of the Trademark Law.

Regulations for concerning the Filing date

  • Procedure in case of Non-compliance with requirements : If the trademark application does not, at the time of its receipt by the office, comply with any of the applicable requirements of the Article 5(1)(a) or 5(2)(a) , the office shall promptly invite the applicant to comply with such requirements within the time limit indicated in the invitation, which time limit shall be at least one month from the date of the invitation where the applicant’s address is on the territory of the Regulations of the Trademarks Act, and the contracting party concerned and at least two months where the applicant’s address is outside the territory of the contracting party concerned. Under the regulations of the Trademark Law , if the office not to send the required  invitation, the specified requirements seems tom be unaffected.
  • Filing Date due to Correction : If, within the time limit indicated in the invitation, the applicant complies with the invitation referred to in paragraph (1) and pays any needed special fee, the filing date shall be the date on which all the required indications and the elements referred to the Article 5(1)(a) have been received by the office and, where applicable, the required fee referred to in the article 5(2)(a) has been paid to the office. Otherwise, the application shall be treated as if it had not been filed under the regulations of the Trademark law.

trademark

  • Date of Receipt : Each contracting party shall be free to find the circumstances in which the receipt of a document or the payment of the fee shall be deemed to constitute receipt by or a payment was actually made to a branch or sub-office of the office or a delivery service, other than an official postal service, specified by the Regulations of the Trademarks Law.
  • Use of Telefacsimile : Where a contracting party allows the filling of an application by the telefacsimile and the trademark application is filed by the telefacsimile, the date of receipt of the telefacsimile by the office that the contracting party shall constitute the date of receipt of the Trademark application, provided that the said Contracting Party may require that the original of such application reach the office within the time limit which shall be one month from the day on which the telefacsimile was received by the said office of the regulations of the Trademark Law.

Regulations for concerning the Signature

  • Legal entities : Where a communication is signed on behalf of a legal entity, any contracting party shall want that the seal or the signature of the natural person who signs or whose seal is used be accompanied by an indication in letters of the family or principal name and the given or secondary name or names of that person or, at the option of that person, of the name or names  used by required person which is notified in the regulations of Trademark Law.
  • Date : Any contracting party may require that a signature or seal be accompanied by an indication of the date on which the signing or sealing was effected. Where that indication is required but is not supplied, the date on which the signing or sealing is deemed to have been effected shall be the date on contracting party so allows, a date later than the earlier date.

Manner of Identification of an application without its application number

trademark

Where it is required that an application be identified by its trademark application number but where such a number has not yet been issued or is not known to the applicant or his representative, that application shall be considered identified if the following is supplied:

  • the provisional application number, if any, given by the office, or
  • the copy of the Trademark  application , or
  • a reproduction of the Trademark registration, accompanied by the indication of the date in which, to the best knowledge of the applicant or the representative , the application was received by the office and an identification number given to the application by the applicant or the representative as per the Regulations of the Trademark Law.
  • No contracting party may demand that requirements other than those referred to in paragraph (1) be defined with in respect for an application to be identified where its application number has not yet been produced, which is clearly specified the regulations under the Trademark Law.

Regulations for concerning Duration and Renewal

trademark

For the purposes of Article 13(1)(c), the period during which the request for renewal may be presented and the renewal fee may be paid shall start at least six months before the date on which the renewal is due and shall end at the past six months after that date. If the request for renewal is presented and/or the renewal fees are paid after the date on which the renewal is due, any Contracting party may subject the renewal to the payment of a surcharge which is clearly provided in regulations of the Trademarks Law.

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