Notification for Prosecution of Indian Trademark Application(s).
January10,2012 Controller General of Patents, Designs and Trademarks has issued a Public Notice dated 9th January, 2012 inviting the attention of Trademark Applicants and/or their agents concerning the Prosecution of Trademark Application(s).
It has been notified that Trademark Application(s) that are not compliant with following just requisites shall not be processed henceforth unless the information is provided in conformity with the format provided herein.
1. Description of Goods:
The Controller General has notified that description of goods and services in respect of which a Trade/Service Mark is proposed to be used or has been used should mention specific goods and services for which the mark is desired to be registered.
It has been notified that vague terminologies in the description of goods and services such as “all goods/services”, “etc”, “other goods/services included in class….”, “goods/services not limited to” shall not be entertained and the application shall not be processed for such descriptions
2.Name of Applicant:
Controller General has notified that the name of the applicant should be mentioned properly and in case.
a) It is a Proprietorship Firm- The Name of Proprietor
b) It is a Partnership Firm- The Name of all the Partners.
c) It is a Trust- The Name of Managing Trustee
d) It is a Society- The Name of the Person Representing the Society.
Should be mentioned.
3. Use of Trade/Service Mark:
Controller General has notified that the applicant and/or its agent shall specify the user of the mark in case it has been used by the applicant in Date, Month and the Year format. The application(s) mentioning only year and/or month/year shall not be processed without the removal of deficiency.
4. English Translation/Transliteration:
Controller General has notified that all non English Trade/Service Mark Shall be accompanied by Translation/Transliteration in case the same is not in an English language.
5.Mark:
Controller General has notified that illegible Trade/Service Mark Application(s) shall not be processed and clearly visible Trade/Service mark(s) are required to be filed.
The said notification is in force with immediate effect.
The public Notice dated 9th January, 2012 can be accessed here.
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