A trade mark may be eligible for registration, or register able, if amongst other things it performs the essential trademark function, and has distinctive character. Registrability can be understood as a continuum, with “inherently distinctive” marks at one end, “generic” and “descriptive” marks with no distinctive character at the other end, and “suggestive” and “arbitrary” marks lying between these two points. A mark must satisfy both sections to become registered.
Registration of Trade Mark:
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In India an office of the Registrar of trade mark has been established for the maintenance of the trade mark Registry. Controller General of Patents and Designs is also the Registrar of trade mark.
The Register of trade mark contains the record of all registered trade mark, with names, addresses and description of proprietors and users, assignments and transmissions, and conditions and limitations and the name of registered users.
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Any person who claims to be a proprietor of a trade mark can apply to the Registrar of trade mark for its registration. The application maybe made in the name of an individual, partners of a firm, a Corporation, any Government Department, a trust or joint applicants claiming to be the proprietor of the trade mark.
Application:
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Application in the prescribed form has to be filed in the office of the trade mark Registry within whose territorial limits the principal place of business in India of the applicant, or the first applicant in the case of joint applicants, is situated. The Registrar is required to
Intellectual Property Law representation of the mark in the place provided in the form for the purpose five additional representations of the mark have to be supplied with the application.
The application can either be accepted completely accepted subject to amendments or rejected. It is possible that an application is accepted and later, before registration, the acceptance is found to be in error. In such a case the Registrar, after hearing the Applicant may withdraw the acceptance.
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Soon after acceptance, the application is advertised in the Trade Mark Journal to provide the public an opportunity to oppose the registration.
Any person may, within three months from the date of the advertisement or within such further period not exceeding one month, give notice in writing to the Registrar of opposition to the registration.
When the procedure for registration, including the opposition, if any, is satisfactorily complete, the Registrar is mandated to register the mark. The registration of a trade mark is for a period of ten years, but it may be renewed from time to time indefinitely.