The process of registration of trademarks begins with filing of Application in Form TM-1 with the office of Registrar of Trademarks. Any person who claims to be the owner of a trademark used or proposed to be used by him may apply to register the mark. The essential requirement is that the Applicant must have a legitimate claim to the ownership of the subject mark.

 

The claim of ownership of the mark must be in relation to goods or services by the Applicant himself or the previous owners (also known as “Predecessor in title”).

 

If the mark is “PROPOSED TO BE USED”, the proposal to use must be by the Applicant himself or by a registered user.

 

Who can be the Applicant for filing of Trademark Application?

 

Below are the entities who can successfully file a trademark application:

 

01. Company,

02. Partnership Firm

03. LLP (Limited Liability Partnership)

04. Hindu Undivided Family

05. Minor

06. Trust

07. Individual