Jan 17, 2012

Recent Notices-Trademark

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Recent Notices-Trademark
Observing deficiencies and irregularities in the applications submitted for trademark registration to the Registrar of Trademarks and the fees in matters relating to expedited certificates, the Controller General of Patents, Designs and Trademarks (CGPDTM) has issued two general notices dated 9th January 2012 bearing nos. CG/F/Public Notice/2011/81 & CG/F/Public Notice/2011/82 to the public, trademark applicants and trademark agents.

The important provisions of the notices are as under:

  1. Description of goods/services: The CGPDTM has clarified that every trademark application must provide the actual description of the goods/ services in respect of which the trademark is proposed to be used/ has been in use, instead of using words with wide ambit such as “all goods/ services”, “etc”, “all other goods/ services included in class”.

  2. Name of Applicants:  The CGPDTM has also clarified w.r.t. the name of the Applicant(s) requiring the following:

    a.    If applicant is a Proprietorship firm – Names of  the Proprietors to be mentioned;
    b.    If applicant is a Partnership Firm – Names of all partners to be mentioned;
    c.    If applicant is a Trust – Name of managing trustee to be mentioned;
    d.    If applicant is a Society- Name of person representing the society to be mentioned

  3. Further it is clarified that the applicant must give exact date with month and year w.r.t. usage of trademark.

  4. Further, apart from ensuring that the trademark is clearly visible,
    Translation/Transliteration for any Non-English/Hindi trademark proper
    is also to be provided.


In another Public notice of the same date, the CGPDTM has required that the payment of statutory fees in respect of Forms TM-70 and TM-72 is mandatory to be made only by way of demand draft issued in favour of Registrar of Trademarks or by cash and not by cheques.

Thus from the aforesaid circulars an attempt is made to expedite the registration process by avoiding future discrepancies and irregularities.

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