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An application for Trademark registration in India, popularly also known as TM-1, which is actually a Form by way of
which we file for application for Trademark Registration.
There are many things which one must keep in mind while selecting various options in TM-1 or in a Trademark application Form.
The foremost thing is the selection of Relevant Trademark Type, whether it’s a LOGO or WORD mark and In case it’s a LOGO,
whether the LOGO that has depiction of some words or not.
In case there is some words are they mentioned with the LOGO it is really important to clearly mention those words in the TM-1 form,
In case such words are English words you may write the exact word but in case those words are of any other language apart from English,
you need to state its
Translation and mention the Transliteration as well in TM-1 form.
Once this is complete the next important part of the Trademark application is the selection of category of proprietor while generating
the proprietor code.
Proprietor code is basically a unique identification code generated for the applicant applying for the Trademark.
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When you are filing the TM-1 form, you get to add Applicants details. While filling the applicant detail one need to understand the difference
between the various types of applicant categories and legal implications of the same over the rights of Trademark to be filed.
Mainly there are 6 categories of Applicants in the Trademark Application :
- Other- That is used for Individuals,
- Body corporate-Used for companies,
- Partnerships,
- Trust,
- Society
- Joint Applicants.
Once you select these categories and fill in the details like Name, address, E-mail ID, number etc. in respective columns
your proprietor code is generated. There are many benefits of the proprietor code one such benefit is in case you have to
apply multiple applications on the same applicant name you can simply type the proprietor code in the new application and
the effort to fill all the details again is skipped.
Now once you have chosen the entity type in the Trademark application you may now have to proceed with necessary document
attachment such as Power of Attorney compulsory for E-filing, the structure and construction of Power of Attorney is
different for different Individuals and for Body corporate like companies. In case your Power of Attorney is not properly
furnished you may get an objection during the examination process over the same.
Apart from these technicalities, one must choose the Trademark class very carefully and description of goods and services
in sync with Nice classification, otherwise you may get an Trademark objection over the wrong goods and service description
in the application.
The Nice classification is basically a complete guide which contains a universally accepted goods and service description
worldwide for applying Trademark Applications.
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Incorrect goods and service description is the most commonly cited objection in a Trademark Objection or Examination Report,
which may be obviated but may cost you an additional cost of filing of TM-16.
Trademark Registration is considered by many as yet another process which forming a company and a brand. But without proper
legal knowledge you can be left in chain of objections and legal hassles. Its always advisable to let an expert Attorney handle
your Trademark portfolio and not a novice service provider. Company360.in provides you with dedicated and experienced Attorney
to sail though this journey.
