Eligibility for Trademark User Registration
A person other than the registered proprietor of a trade mark may go for trademark user registration as a registered user thereof in respect of any or all of the goods or services in respect of which the trademark is registered.
Application for Trademark User Registration
Where it is proposed that a person should be registered as a registered user of a trademark, the registered proprietor and the proposed registered user shall jointly apply in writing to the Registrar in Form TM-U and shall be accompanied by the documents, evidence and details.
Documents/Information Required for Trademark User Registration
Every application shall be accompanied by-
- the agreement in writing or a duly authenticated copy thereof, entered into between the registered proprietor and the proposed registered user with respect to the permitted use of the trade mark; and
- an affidavit made by the registered proprietor or by some person authorized to the satisfaction of the Registrar to act on his behalf—
- giving particulars of the relationship, existing or proposed, between the registered proprietor and the proposed registered user, including particulars showing the degree of control by the proprietor over the permitted use which their relationship will confer and whether it is a term of their relationship that the proposed registered user shall be the sole registered user or that there shall be any other restrictions as to persons for whose registration as registered users application may be made.
- stating the goods or services in respect of which registration is proposed.
- stating the conditions or restrictions, if any, proposed with respect to the characteristics of the goods or services, to the mode or place of permitted use, or to any other matter.
- stating whether the permitted use is to be for a period or without limit of period, and, if for a period the duration thereof: and
- such further documents or other evidence as may be required by the Registrar or as may be prescribed.
Where more than one application for registration as registered user is made by the same registered proprietor and the same proposed registered user in respect of trademarks covered by the same agreement, the documents abovementioned may be filed with any one of the applications and a cross reference to such documents given in the other application or applications.
No application shall be entertained unless the same has been filed within six months from the date of the aforesaid Trademark User Agreement.
Consideration by the Registrar
The Registrar, shall, if satisfied that the application and the accompanying documents comply with the relevant provisions of the Act and the rules, register the proposed registered user in respect of the goods or services as to which he is so satisfied.
The Registrar may, after giving an opportunity of hearing to the parties concerned, either refuse the application or accept the same with such condition(s), if any, as he may think fit and shall communicate such order in writing to the parties.
Entry in the Register
Where the Registrar accepts an application for registration as registered user; he shall register the proposed registered user as registered user and publish the same in the Journal. The entry of a registered user in the register shall state the date on which the application for registration of registered user was made, which date shall be deemed to be the date of registration as registered user of the person mentioned in the entry. The entry shall also state, the name, description and principal place of business in India of the registered user and if he does not carry on business in India his address for service in India.
Registration not to imply authorization to transmit money outside India
The registration as registered user of a trademark shall not be deemed to imply an approval, of the agreement in so far as it relates to the transmission of any money, as consideration for the use of the said trademark, to any place outside India.
Communication of Registration as Registered User
Communication in writing of the registration of a registered user shall be sent by the Registrar to the registered proprietor of the trademark, to the registered user and to every other registered user whose name is entered in relation to the same trademark and shall also be inserted in the Journal within three months of such entry in the register.