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The legal requirements to register a trademark under the Act are: The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others.
Form TM 48 FormatAgent's Code: Agent CodeTrademark Attorney or Agent Address Line 1 Address Line 2 City, State Pin CodeSignature of Trademark Applicant.To, The Registrar of Trade Mark, The Office of the Trade Marks Registry, Respective Trademark Office
Requirements for filing a trademark applicationThe name, address and nationality of the applicant.If the applicant is a company, the country or state of incorporation.A list of goods and/or services for which registration is required.Soft copy of the trademark to be registered.More items...
Is it mandatory to file Power of Attorney while filing a Trademark application? It is mandatory to submit a Power of Attorney at the time of filing the application on behalf of an Applicant. The Power of Attorney needs to be simply signed by the Applicant (no legalization or notarization is required).
The affidavit must be executed on a non-judicial stamp paper under oath before any notary public or an officer empowered to administer such oaths. The applicant must submit the user affidavit to the Registrar while filing the registration application.
The Four Requirements for a TrademarkNo conflicts.Trademark distinctiveness.Use in commerce.Capability to distinguish products.
Section 2(1) provides that a trade mark is any sign capable of being represented graphically. Graphic representation requires that the sign must be able to be represented visually, particularly by means of images, lines or characters, so that it can be precisely identified (see Ralf Sieckmann (Case C-273/00)).
Process related to registration of TM Agent and Creation of Attorney Code.A. Creation of Attorney Code.B. Process related to registration of TM Agent.i. with application to TM office on TM-G with prescribed fee.ii. With application to TM office on TM-G with prescribed fee and passing.
In case a trademark application is filed by a person other than the trademark applicant, then a duly stamped TM-48 or Power of Attorney must be filed. In this article, we look at the trademark Form TM 48 format and the procedure for filing the same.
Trademark / Service Mark - Application for Registration (Form TM-100) To protect your trademark/service mark that is used in California, you must file a Trademark / Service Mark Application for Registration (Form TM-100) with the California Secretary of State.