Negotiable Instruments: Exhaustive Coverage by Adv Roma Bhagat. Register Now!
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Sagnik (Management Trainee)     26 April 2012

Exclusive user right

Dear All,

Is it mandatory to get a grant  of exclusive user right of a trade mark registered ??  Which TM should I file & MOST IMPORTANTLY WITHIN HOW MANY DAYS DO WE HAVE TO GET IT REGISTERED ???


Sagnik Sanyal


 3 Replies

Deepak Nair (lawyer)     26 April 2012

There is no time limit prescribed. You can apply for registration at the time of lauch of product, even after years of launch of product and even for products which you may launch in future.

Sagnik (Management Trainee)     26 April 2012

Dear sir,

Thank you for the reply but for clarification I am talking about  GRANTING OF EXCLUSIVE USER RIGHT & not for fresh registration of a new product . Here one can file for TM-28 to get it registered. Some one in office found that its 6 months form the date of agreement, is it correct ??? Do reply,


Sagnik Sanyal

Rajesh Hazra (Mediator and Legal Counsel )     26 April 2012

Sagnik you are right No application shall be entertained unless the same has been filed

within six months from the date of the agreement referred to in clause

(a) of sub-rule (1) of the TradeMark Rule

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