Intimation to TM Registry for Trade Marks Filed under Proposed to be Used Category

Abstract

A trademark application in India is filed either under user category or under proposed to be used category. User category
signifies that the trademark has been put to use from a considerable period of time and proposed to be used signifies that the
applicant had not yet started using his trademark but shall put it to use any day or time after an application for registration is
made. The problem arises when several trademark applications are being filed under proposed to be used category; the
parties so filing an application under proposed to be used category do not intimate the registry that they have started using
the trademark which at the time of making application was filed under proposed to be used category. Lack of intimation
from such trade mark applicants to the Trade Marks Registry affects the interest of those parties who intend to file
application for trademark. The authors will justify the need of an intimation rule in the Trade Marks Rules, 2017 with valid
reasons.