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 applicant’s 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 registrar’s 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.