Trademark Certificate
On the 28th of July, 2016, The Ministry of Commerce and Industries announced that the process of generating and issuing registration certificates of trademarks had been fully automated.
Therefore, from 1st August 2016, the trademark registration certificates will be generated through an automated system.
Automatic generation of trademark certificates is for the trademark applications:
1. which have been published in the Trade Marks Journal Number 1720 dated 23.11.2015 and thereafter;
2. where a request for amendment of the application is not pending disposal;
3. where the copy of the original application for registration is available in the Trade Marks Registry’s electronic database;
4. where no requirements (such as fee, Power of Attorney, etc.) are pending for compliance; and
5. which has not been specifically prohibited for registration by order of any court, IPAB, or any competent authority.
As stated above, the automatically generated trademark certificate will be transmitted to the applicant or authorized agent. It is generally sent via the email address recorded with the trademark office.
Apart from the above list, the other applications will be processed case-to-case basis. And these applications are handled at TMR Mumbai.
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Trademark Certificate Download
The trademark registration certificate is now available on the official website, along with the trademark status of the application concerned. The trademark registration certificate made available on the website may be downloaded and printed by the applicant.
The automation of the generation of trademark registration certificates is a laudable move. And it helps reduce the time taken to transmit the registration certificate to the applicant. This reduces the overall time taken for the registration of a trademark.
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What is a Certified Copy of a Registered Trademark:
It is important to note that the onus of proof remains on the plaintiff, and registration is prima facie evidence of the proprietorship. Therefore, only a certified copy of the registered trademark from the Trademarks Registry can be used for any legal proceedings.
Though there is the provision of a digital trademark certificate, which can be downloaded from the trademarks registry after the successful registration process, one must be clear that it can not be used for any legal proceedings.
In another scenario, a certified copy of the registration may be submitted while filing the trademark in other countries to claim the priority of the Indian trademarks.
Hence, it is clear that only a certified copy is valid and legal for legal proceedings or claiming priority in other countries.
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How can you obtain a certified copy of the registered trademark?
Now that we have discussed the importance of trademark registration and certified trademark copy. It is imperative to understand that one must procure such certificates as soon as their trademark(s) are registered. An online application can be filed in TM-M Form with prescribed fees to obtain a certified copy. The trademark office will issue the certified copy of the trademark within 15-30 days.
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How can we at Intepat help you?
As already explained above, if the registration process has been completed, the trademark registration certificate can be downloaded and printed by the applicant from their official website after entering the trademark number. But this digital certificate cannot be used for legal proceedings or for applying abroad for trademark registration. Therefore, it is always advisable to apply for a certified copy. Moreover, while filing an application for a certified copy, accurate details concerning the marks need to be submitted. Therefore, seeking expert guidance for the hassle-free certificate issue is more appropriate.
