Mon - Fri: 9.00 am - 7.00 pm
Bangalore, India

THE TRADE MARKS ACT, 1999

[As amended by the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021]

18. APPLICATION FOR REGISTRATION.

(1) Any person claiming to be the proprietor of a trade mark used or proposed to be used by him, who is desirous of registering it, shall apply in writing to the Registrar in the prescribed manner for the registration of his trade mark.
 
(2) A single application may be made for registration of a trade mark for different classes of goods and services and fee payable therefore shall be in respect of each such class of goods or services.
 
(3) Every application under sub-section (1) shall be filed in the office of the Trade Marks Registry within whose territorial limits the principal place of business in India of the applicant or in the case of joint applicants the principal place of business in India of the applicant whose name is first mentioned in the application as having a place of business in India, is situated:
 
Provided that where the applicant or any of the joint applicants does not carry on business in India, the application shall be filed in the Office of the Trade Marks Registry within whose territorial limits the place mentioned in the address for service in India as disclosed in the application, is situated.
 
(4) Subject to the provisions of this Act, the Registrar may refuse the application or may accept it absolutely or subject to such amendments, modifications, conditions or limitations, if any, as he may think fit.
 
(5) In the case of a refusal or conditional acceptance of an application, the Registrar shall record in writing the grounds for such refusal or conditional acceptance and the materials used by him in arriving at his decision.

19. WITHDRAWAL OF ACCEPTANCE.

Where, after the acceptance of an application for registration of a trade mark but before its registration, the Registrar is satisfied—
 
(a) that the application has been accepted in error; or
 
(b) that in the circumstances of the case the trade mark should not be registered or should be registered subject to conditions or limitations or to conditions additional to or different from the conditions or limitations subject to which the application has been accepted,
 
the Registrar may, after hearing the applicant, if he so desires, withdraw the acceptance and proceed as if the application had not been accepted.

20. ADVERTISEMENT OF APPLICATION.

(1) When an application for registration of a trade mark has been accepted, whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner.
 
Provided that the Registrar may cause the application to be advertised before acceptance if it relates to a trade mark to which sub-section (1) of section 9 and sub-sections (1) and (2) of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do.
 
(2) Where—
 
(a) an application has been advertised before acceptance under sub-section (1); or
 
(b) after advertisement of an application,—
 
(i) an error in the application has been corrected; or
 
(ii) the application has been permitted to be amended under section 22, the Registrar may in his discretion cause the application to be advertised again or in any case falling under clause (b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.