DK LALWANI & CO.
ADVOCATES & LEGAL CONSULTANTS
(Intellectual Property & Corporate Laws)
403, Shakuntala Building, 59 Nehru Place, New Delhi-110 019, INDIA.
Phone: (91) (11) 26294-037/ 26294049 Mobile: +91 9810378103
E-mail: contact@dklalwani.com
403, Shakuntala Building
59, Nehru Place,
New Delhi 110019
India
ph: (91) (11) 26294037
alt: (91) 9810378103
contact
Search
The `Government Search Reports` are not issued by the Trade Marks Office since December 29, 2010 consequent on change in the Trade Marks Rules, 2002.
On-line public search
The Trade Mark Office has recently launched FREE `on-line public search’ facility.
This process is useful to ascertain similarity of the proposed mark with the prior existing marks, which helps in understanding whether the mark should be adopted for use/ may be registered, and then, steps for registration may be taken accordingly.
Application for registration of a trade mark
The next step, after `Search’ is of filing Application for Registration of the mark with the Trade Marks Registry along with filing fees. The date and time of filing the application is recorded and the Registry informs of the Application Number allotted to the respective application which subsequently, become the trade mark registration number, on registration.
The Application for Registration of the mark is examined by the Registrar of Trade Marks and any query raised by their office has to be replied to their satisfaction. In case, the Registrar is not satisfied with the reply, notice is issued for personal hearing. The mark, if approved on hearing, proceeds to Advertisement in the Trade Marks Journal. If no Opposition is filed within three (plus one) months of the advertisement of the mark in the TM journal/or applicant succeed the Opposition proceedings (if any), the trade mark proceeds to registration and the Registrar issues a Certificate of Registration.
This long process of registration, however, does not affect on the use of the mark or the rights of the applicant, since the priority of filing application/use is also considered by the Registrar at the time of acceptance of the mark for registration.
Time: Filing application/obtaining registration of mark takes about 18-24 months (at present)
Requirements for trade mark registration:
For filing application for registration of the trade mark, we require the following:
Opposition of trade mark
In case, the mark is opposed by a third party, the Opponent file a Notice of Opposition with the concerned, TMR. A copy of such Notice is served on the Applicant by the TMR and the Applicant is required to file Counter Statement with TMR. A copy of such Counter Statement is filed by the Applicants with the TMR and TMR serve a copy to the Opponents with a requisition to file evidence in support of opposition with a copy to the Applicants. The Applicant is also required to file evidence in support of their application. On completion of evidence, the Registrar issues notice for hearing, both parties are heard and the Registrar issues the order. In case, the Registrar allows the Opposition, the mark is not registered and in case the Opposition is not allowed, the Application proceeds to registration.
Opposition to similar trade marks of third party
In case, any mark is published in the Trade Marks Journal which is similar to prior application/prior in use mark, the same may be opposed registration. In such case, a notice of opposition is to be filed before the Trade Marks Registry having jurisdiction over the application to be opposed. A copy of such notice is served by the TM Registry on the Applicant and the Applicant is given two months time to file counter statement/reply with the concerned TM Registry. The TM Registry then serves a copy of such counter statement to the Opponent and the Opponent gets two months time to file `Affidavit/Evidence in support of opposition’ with a copy to the Applicant. The Applicant gets two months time to file `Affidavit/Evidence in support of application’ and serve a copy to the Opponent. The Opponent many file `Affidavit/Evidence in reply’, if deemed necessary. On completion of evidence, the Registrar issues notice for hearing, both parties are heard and then the Registrar issues the order. In case, the Registrar allows the Opposition, the mark is not registered and in case the Opposition is not allowed, the Application proceeds to registration.
Renewal of registration
On registration, the mark is valid for a period of ten years w.e.f. the date of application and may be renewed every after ten years.
DRAFT- In case of Proprietor/Partnership Firm
(To be printed on Non-Judicial Stamp Paper of Rs. 100/-, signed and notarized)
GENERAL POWER OF ATTORNEY
THIS GENERAL POWER OF ATTORNEY is made on this ____ day of __________, 20__ by Shri _______________, Proprietor/Partner of the firm trading as _______________________ having principal place of business at – _____________________ (here-in-after called the “Applicant”).
WHEREAS the Applicant is engaged in ______________________________________ ;
WHEREAS the Applicant has authorized - Mr. Dev Kumar Lalwani, Advocate (Trade Marks Agent Code-1450), of DK LALWANI & CO., (“Here-in-after referred to as the said “Attorney”) to enable him to represent the Applicant in various matters of trade marks of the Applicant from time to time.
NOW BY THIS GENERAL POWER OF ATTORNEY, the Applicant do hereby authorise, Mr. Dev Kumar Lalwani, Advocate (Agent Code-1450), the said Attorney to represent the Applicant in the matters of - filing applications for registration of trade marks, giving replies to the Examination Reports, apply for the renewal of trade marks, apply and obtain various certificates, file oppositions and represent the Applicant in the matters of Oppositions/Contest and other proceedings and matters, before the Registrar of Trade Marks/Tribunal/Appellate Board and make representations on behalf of the Applicant, appoint and discharge counsels and do such other acts, things and deeds incidental or related thereto.
THE APPLICANT request the Registrar of Trade Marks that all notices, requisitions and communications relating to the trade mark matters of the Applicant may be sent to said Attorney at the following address:
DK Lalwani & Co.
Advocates & Legal Consultants
403, Shakuntala Building, 59, Nehru Place,
New Delhi – 110 019.
THE APPLICANT hereby revoke all previous authorizations, if any, in respect of the proceedings.
THIS GENERAL POWER OF ATTORNEY shall be in force until rescinded and a written notice sent to the Registrar of Trade Marks.
For (Name of the firm)
Signature_______
Name
Proprietor/ /Partner
To: The Registrar of Trade Marks,
The Office of the Trade Marks Registry at
New Delhi/Mumbai/Ahmedabad/Chennai/Kolkata.
DRAFT – In case of company registered under the Companies Act
(To be printed on Non-Judicial Stamp Paper of Rs. 100/-, signed and notarized)
GENERAL POWER OF ATTORNEY
THIS GENERAL POWER OF ATTORNEY is made on this ____ day of __________, 20__ by, _______________________ Limited a company incorporated under the Indian Companies Act, 1956 and having principal place of business at – _________________ (here-in-after called the “Company”).
WHEREAS the Company is engaged in manufacturing/marketing, promotion, distribution and sale of pharmaceutical products;
WHEREAS the Company has authorized - Mr. Dev Kumar Lalwani, Advocate (Trade Marks Agent Code-1450), of DK LALWANI & CO., (“Here-in-after referred to as the said “Attorney”) to enable him to represent the Company in various matters of trade marks of the Company from time to time.
NOW BY THIS GENERAL POWER OF ATTORNEY, the Company do hereby authorise, Mr. Dev Kumar Lalwani, Advocate (Agent Code-1450), the said Attorney to represent the Company in the matters of - filing applications for registration of trade marks, giving replies to the Examination Reports, apply for the renewal of trade marks, apply and obtain various certificates, file oppositions and represent the Company in the matters of Oppositions/Contest and other proceedings and matters, before the Registrar of Trade Marks/Tribunal/Appellate Board and make representations on behalf of the Company, appoint and discharge counsels and do such other acts, things and deeds incidental or related thereto
THE COMPANY request the Registrar of Trade Marks that all notices, requisitions and communications relating to the trade mark matters of the Company may be sent to said Attorney at the following address:
DK Lalwani & Co.
Advocates & Legal Consultants
403, Shakuntala Building, 59, Nehru Place,
New Delhi – 110 019.
THE COMPANY hereby revoke all previous authorisations, if any, in respect of the proceedings.
THIS GENERAL POWER OF ATTORNEY shall be in force until rescinded and a written notice sent to the Registrar of Trade Marks.
For __________ Limited
Director/Authorized Signatory
To: The Registrar of Trade Marks
The Office of the Trade Marks Registry at-
New Delhi/Mumbai/Ahmedabad/Chennai/Kolkata.
BE YOURSELF - An Original Is Always Worth More Than A Copy.
Copyright 2010 DK LALWANI & CO., All rights reserved.
403, Shakuntala Building
59, Nehru Place,
New Delhi 110019
India
ph: (91) (11) 26294037
alt: (91) 9810378103
contact