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Trademark Registration Kerala

Saturday, 18-May-2019

Advertisement of application :-

                                           When an application for registration of a trade mark has been accepted whether absolutely or subject to conditions or limitations, the Registrar shall, as soon as may be after acceptance, cause the application as accepted together with the conditions or limitations, if any, subject to which it has been accepted together with the conditions or limitations, if any, subject to which it has been accepted, to be advertised in the prescribed manner Trademark Registration Kerala.

                              Provided that the Registrar may cause the application to be advertised before acceptance if it relates to a trade mark to which sub-section (1) of section 9 and sub-section (1) and (2) of section 11 apply, or in any other case where it appears to him that it is expedient by reason of any exceptional circumstances so to do.  Where    An application has been advertised before acceptance under sub-section (1); or After application has been permitted to be amended under section 22, The Registrar may in his discretion cause the application to be advertised or in any case falling under clause (b) may, instead of causing the application to be advertised again, notify in the prescribed manner the correction or amendment made in the application.This section provides for advertisement of an application, wither after acceptance or before acceptance, so as to afford the public an opportunity to oppose the registration of the mark Trademark Registration Kerala.. 

                               Subject to the provisions of section 19, when an application for registration of a trade mark has been accepted and either   The application has not been opposed and the time for notice of opposition has expired; or  The application has been opposed and the opposition has been decided in favour of the applicant The Registrar shall, unless the Central Government otherwise directs, register the said trade mark [within eighteen months of the filing of the application] and the trade mark when registered shall be registered as of the date of the making of the said application and that date shall, subject to the provisions of section 154, be deemed to be the date of registration Trademark Registration Kerala..  

                               On the registration of a trade mark, the Registrar shall issue to the applicant a certificate in the prescribed form of the registration thereof, sealed with the seal of the Trade Marks Registry.   Where registration of a trade mark is not completed within twelve months from the date of the application by reason of default on the part of the applicant, the Registrar may, after giving notice to the applicant in the prescribed manner, treat the application as abandoned unless it is completed within the time specified in that behalf in the notice.  The Registrar may amend the register or a certificate of registration for the purpose of correcting a clerical error or an obvious mistake Trademark Registration Kerala.