Examination of Trade Mark applications

1. Objective

The goal of this part on assessment of exchange mark application is to disclose he significant contemplations to be applied 

during assessment and to give rules on registrability by: 

• setting down the meanings of significant articulations utilized in the Act, which have a course on assessment of an exchange Trademark Registration in Coimbatore application, and giving direction on how this is deciphered practically speaking; 

• alluding to the Sections of the Act which manage the registrability of imprints and giving direction on the administrative plan and extent of those areas; 

• demonstrating when and the way in which complaints are to be raised; and giving direction with regards to how complaints are survive; 

• setting out the conditions when proof may help an application; 

• setting out the sort of data regularly required in proof, and giving (where conceivable) direction about what to search for in choosing whether a case may continue based on proof. 

Clearly there ought to be consistency of training in the Library and its branch workplaces in the organization of the Act.

Important considerations during examination

• The examination of marks for acceptability under the Trade Marks Act 1999 must be by reference to the provisions of that Act, and Rules framed there under, taking into account,the established practice of the Registry and the law as laid down or endorsed by the Intellectual Property Appellate Board (IPAB) and by Courts in India which is binding on the Registrar.

• Section 91 of the Trade Marks Act, provides for an appeal against an order or decision of the Registrar to the Intellectual Property Appellate Board (IPAB). In some cases, parties may also invoke the writ jurisdiction of High Courts. It is obvious, therefore, that whenever the Registrar or any officer acting for him passes an order as a tribunal under the Act, it should be a reasoned and speaking order.[See Rule 40 of TM Rules, 2002].

• In this connection, the principle laid down by the Supreme Court is to be kept in mind: “The Court insists upon disclosure of reasons in support of the order on two grounds – one, that the party aggrieved in a proceeding before the High Court or this Court has the opportunity to demonstrate that the reasons which persuaded the authority to reject its case were erroneous; the other, that the obligation to record reasons operates as a deterrent against possible arbitrary actions by the executive authority invested with judicial power” http://www.trademarkregistrationincoimbatore.in/.