Filing of trademark application

Rajesh Hazra (Querist) 12 August 2012 This query is : Resolved
Is there a provision in TM Act where one can file the TM application in any of the TM Registry of his choice as it happens in case of overseas applications being filed in India through Attorney Houses in India.

Regards & Thanksin advance

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Devajyoti Barman (Expert) 12 August 2012
The registered address of the head office or the branch office must be within the jurisdiction of the concerned IP office.

subramanian (Expert) 12 August 2012
AS regards individual applicant he has to file the application in the office of the trade marks registry within whose territorial limits he resides. As regards others it should be filed in the office of the trade marks registry within whose territorial limit the principal place of business as disclosed in the application is situated.
T.R.Subramanian

Rajesh Hazra (Querist) 12 August 2012
Can the application be filed on the Attorney's address for Trademark registration purpose only ?

subramanian (Expert) 13 August 2012
No.Address of applicant whether Indian or foreign cannot be the address of the Attorney.The attorney's address can be the address of service where documents have to be sent.IN case of foreign applicants the jurisdiction is decided based on the address of service mentioned in the application.
T.R.Subramanian