Definition & Grounds of Trademark Jurisdiction

Narendra Kumar

08 Mar, 2018

Trademark Jurisdiction in India is obtained for words, logo, label, numerals, slogan, and device. Trademark registration provides an exclusive legal right to the owner of the trademark to use such logo, numeral or slogan. All marks, words, label, device, numerical or color combinations represented graphically to denote a particular service or goods can be registered as a trademark in India.

Trademark is divided into 45 classes and different goods and services are segregated into these classes. When a Trademark Registration is done for particular goods or services the issued mark the issued mark finds its way into the registry. Thus, it is important that while applying for the trademark you need to mention the class under which the mark is to be registered.

After a valid trademark search any individual, company even an NGO can apply for trademark registration. The mark which is proposed to be registered should be original and unique and not a copied one which is already existing. Even the foreign entities and foreign nationals are eligible for registering their trademark in India.

The jurisdiction for filing a trademark application is called the “appropriate Office”. At present, there are five offices of the Trade Mark Registry^[1] with each having jurisdiction over certain states.

Trade Marks Registry, Mumbai (Head Office)

Jurisdiction: 1. The state of Maharashtra.

1. States of Madhya Pradesh.
2. The states of Goa.

Trade Marks Registry, Delhi

Jurisdiction: 1. States of Jammu & Kashmir.

1.  states of Punjab. states of Haryana.
2. States of Uttar Pradesh.
3. States of Himachal Pradesh.
4. Union Territory of Delhi & Chandigarh.

Trade Mark Registry, Kolkata

Jurisdiction:  1. States of Arunachal Pradesh.

1. The states of Assam.
2. The states of Bihar.
3. The states of Orissa.
4. States of West Bengal.
5. The states of Manipur.
6. The states of Mizoram.
7. The states of Meghalaya.
8. The states of Sikkim.
9. The states of Tripura.
10. Union Territory of Nagaland.
11. Union Territory of Andaman & Nicobar Island.

Trade Mark Registry, Ahmedabad

Jurisdiction:  1. States of Gujrat and Rajasthan

1. Union Territory of Daman & Diu.
2. Union Territory of Dadra and Nagar Haveli.

Trade Mark Registry, Chennai

Jurisdiction:  1. States of Andhra Pradesh

1. The states of Kerala.
2. States of Tamil Nadu.
3. The states of Karnataka.
4. Union Territory of Pondicherry.
5. Union Territory of Lakshadweep Island.