Any person claiming to be the proprietor of a trademark already in use
or proposed to be used in
may apply for registration of a Trademark. Any name, individual or
firm represented in a distinctive manner, signature or photograph, one
or more invented words, one or more words having no direct reference
to the character or quality of the goods, a mark distinctive of the
goods to which it is to be applied, marks consisting of letters,
numerals or combinations thereof may be registered.
Classification of goods are identical with the International
Classification 01 to 45 according to the NICE Agreement concerning the
International Classification of goods and Services.
To be registered.
To enable us to complete the application form we need the following
Full name, street address and nationality of applicants.
Whether applicants are manufacturers/merchants/provider of services.
Goods or Services for which the mark is to be registered.
Whether the mark is:- Being used in
by the proprietors, Proposed to be used in
by the proprietors, Proposed to be used in
by a body corporate to be constituted, Proposed to be used in
by a registered user (in which case an application for registration of
registered user must be filed simultaneously).
FIFTEEN PRINTS: Black and white bromide prints (on
photographic quality paper) for a label or design.
Signed by applicant (if individual) or by an officer of the applicant
company, whose position in the company should be stated including the
corporate seal. It is not necessary to notarize or legalize the
authorization. You can download the authorization from this web by
clicking download forms.
Time limit for proceeding with application
Applications are required to be completed within 12 months. This
regulation is not likely to be strictly enforced until the registry is
functioning normally; however, application for a time extension may be
made in the prescribed manner to assure that the trademark application
is kept alive.
Response time for the main office action is three months. In
subsequent actions, registrar usually fixes 30 days for reply.
Reasonable extensions of time are available, sometimes up to two years
if regularly applied for. Applications are rarely abandoned by the
Registrar, and only after issuing a final notice.
Decisions of the Registrar as to rejection of the mark and oppositions
may be appealed to the High Court within three months of the decision.
Advertisement or publication:
Every application accepted by the Registrar will be published in the
Trade Marks Journal together with any limitations, disclaimers, etc.
Under the new law opposition may be lodged within 60 days from the
date of advertisement of the application in the Trade Marks Journal
stating the grounds therefore. The applicant may file a
counterstatement and offer evidence by way of affidavits; the
Registrar will render a final decision after hearing the parties.
Appeal to High Court available to applicant or respondent upon adverse
Limitation and renewal:
Trademarks are registered for a term of seven years from the date of
application and may be renewed for 10-year periods thereafter. Renewal
fees must be paid before the expiry date but not more than six months
prior thereto. In case registration of a mark is still pending seven
years after filing the application, registration and renewal fees must
be paid simultaneously. Late renewals available, normally up to four
months after expiry date, with payment of late fees. Extensions at the
direction of registrar are liberally granted with payment of
additional fees. Documents for renewal: authorization of agent
(TM-48), on prescribed form, simply signed and sealed.
Assignment and recordation:
Assignments must be recorded with the authority. Registered marks may
be assigned with or without the goodwill of the business; in the
latter case the Registrarís directions should be sought within six
months of execution of the assignment. Unregistered marks should
ordinarily be assigned with the goodwill of the business. Assignment
without the goodwill is permitted if (a) at the time of assignment or
transmission the mark is used in the same business as a registered
trademark; (b) the registered trademark is assigned or transmitted at
the same time and to the same person as the unregistered mark; and (c)
the unregistered mark relates to goods for which the registered mark
is assigned or transmitted. The Registrarís advice should be sought
prior to execution of an assignment that creates multiple exclusive
rights, or that creates multiple exclusive rights in different parts
of the country, since such an assignment may be invalid. Associated
trademarks are assignable only as a whole; assignment of certification
marks requires government approval. Documents required for assignment:
Legalized Deed of Assignment and power of attorney from the assignee.
Licensing and Registered Use:
Licenses must be recorded with the authority to be effective.
Application for recordal must be made within one year of date of
document for effective date, whichever is earlier. Documents for
license: Legalized license deed; power of attorney from registered
proprietor; power of attorney from proposed licensee; affidavit from