Section 18 of TMA : Section 18: Application For Registration

Explanation using Example

Let's consider a hypothetical scenario where Mr. John, a businessman, has come up with a unique logo for his new line of organic food products. He has been using this logo for his business and now wants to ensure that no one else can use it. According to subsection (1) of Section 18 of The Trade Marks Act, 1999, Mr. John would need to apply in writing to the Registrar for the registration of his logo as a trade mark.

Now, suppose Mr. John also wants to use the same logo for a line of eco-friendly kitchen appliances he plans to launch. As per subsection (2), he can make a single application for registering the logo for different classes of goods, i.e., organic food products and kitchen appliances, and pay the fee for each class of goods.

As per subsection (3), Mr. John must file his application at the Trade Marks Registry office that covers the area where his principal place of business in India is located. If he had a business partner, say Mr. Smith, and they were applying jointly, they would file at the office covering the area where the first-named applicant, Mr. John in this case, has his principal place of business.

Subsection (4) allows the Registrar to accept Mr. John's application as is, refuse it, or accept it with certain amendments, modifications, conditions, or limitations. If the Registrar decides to refuse the application or accept it conditionally, as per subsection (5), he must provide written grounds for his decision, along with the materials he used to arrive at it.