Trade Marks Act, 1999
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 gods and services and fee payable
therefor 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 Mark 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 situate:
(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.