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Intimation to TM Registry for Trade Marks Filed under Proposed to be Used Category


Affiliations
1 Kanakpur, Udham Singh Nagar — 263 148, Uttarakhand, India
2 School of Legal Studies, Reva University, Bengaluru — 560 064, Karnataka, India

A trademark application in India is filed either under user category or under proposed to be used category. User category signifies that the trademark has been put to use from a considerable period of time and proposed to be used signifies that the applicant had not yet started using his trademark but shall put it to use any day or time after an application for registration is made. The problem arises when several trademark applications are being filed under proposed to be used category; the parties so filing an application under proposed to be used category do not intimate the registry that they have started using the trademark which at the time of making application was filed under proposed to be used category. Lack of intimation from such trade mark applicants to the Trade Marks Registry affects the interest of those parties who intend to file application for trademark. The authors will justify the need of an intimation rule in the Trade Marks Rules, 2017 with valid reasons.

Keywords

Prior User, Prior Search, Proposed to be Used, Intimation, Trade Marks Rules, 2017, Trade Mark Filing
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  • Intimation to TM Registry for Trade Marks Filed under Proposed to be Used Category

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Authors

Gagneet Singh
Kanakpur, Udham Singh Nagar — 263 148, Uttarakhand, India
Mili Gupta
School of Legal Studies, Reva University, Bengaluru — 560 064, Karnataka, India

Abstract


A trademark application in India is filed either under user category or under proposed to be used category. User category signifies that the trademark has been put to use from a considerable period of time and proposed to be used signifies that the applicant had not yet started using his trademark but shall put it to use any day or time after an application for registration is made. The problem arises when several trademark applications are being filed under proposed to be used category; the parties so filing an application under proposed to be used category do not intimate the registry that they have started using the trademark which at the time of making application was filed under proposed to be used category. Lack of intimation from such trade mark applicants to the Trade Marks Registry affects the interest of those parties who intend to file application for trademark. The authors will justify the need of an intimation rule in the Trade Marks Rules, 2017 with valid reasons.

Keywords


Prior User, Prior Search, Proposed to be Used, Intimation, Trade Marks Rules, 2017, Trade Mark Filing