Very briefly, an applications for registration of trade marks are received at the Head office and its branches according to territorial jurisdiction. Applications are then examined mainly with regard to the distinctiveness, possibility of deceptiveness and conflicting trade marks. The registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the official gazette i.e. Trade Marks Journal (published in CD-Rom). Within a prescribed period any person can file an opposition, a copy of which is served to the applicants who is required to file a counterstatement within two months failing which the application shall be treated as abandoned.
††††††††††† Thereafter, the opponent leads evidence in support of his case by way of affidavit followed by the applicantís evidence also by way of affidavit in support of the application. After that the opponent files evidence by way of† rebuttal. On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer. The registrarís decision is appealable to the Intellectual Property Appellate Board.†††††
††††††††††† Almost all functions of the Registry† have now been decentralised and executed by respective offices except publication of journal, issuance of Registration Certificate and post registration activities including renewal which is done at TMR, Mumbai(Head Office)
Very broadly, the day to day administration of Trade Marks Act,1999† is the main responsibility of the† Registry.†† Apart from the above,† the Registry have other functions like offering preliminary advice as to registrability; providing Official Search Report of same/similar trade marks on records for requested goods/services; cause a search to be made for issue a certificate under Section 45(1) of the Copyright Act, 1957 to the effect that no trade mark identical with or deceptively similar to such artist work as sought to be registered as a copyright has been registered as a trade mark; providing to interested public information and guidance on the subject; providing information to various government agencies including Police, Central Excise personnel, establishment of† a Public Grievance and Redressal Cell, maintenance of top class IP library, the production of annual statistical report, production of official trade marks journal in electronic form and submit an Annual Report to Parliament.