Jurisdiction of Trademark Registry in India: A Complete Guide

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In India, trademark registration is governed by the Trade Marks Act, 1999 and administered by the Controller General of Patents, Designs & Trade Marks (CGPDTM). To manage applications efficiently, the country has been divided into five territorial jurisdictions, each served by a specific Trademark Registry office. Understanding which office has jurisdiction over your application is essential for smooth registration, handling objections, and attending hearings.

1. Mumbai Trademark Registry:

The Mumbai office handles trademark applications from the western and some central parts of India. Its jurisdiction includes the states of Maharashtra, Madhya Pradesh, Goa, and the Union Territories of Dadra & Nagar Haveli and Daman & Diu. This office is responsible for examining applications and conducting hearings for applicants based in these regions.

2. Delhi Trademark Registry:

The Delhi Registry has jurisdiction over the northern part of India. It covers Delhi, Haryana, Punjab, Himachal Pradesh, Uttar Pradesh, Uttarakhand, Rajasthan, Jammu & Kashmir, Ladakh, and the Union Territory of Chandigarh. Applicants from these areas will have their applications processed and examined by the Delhi office.

3. Kolkata Trademark Registry:

The Kolkata office looks after the eastern and northeastern regions of India. Its jurisdiction includes West Bengal, Bihar, Jharkhand, Odisha, Assam, Arunachal Pradesh, Manipur, Meghalaya, Mizoram, Nagaland, Tripura, Sikkim, and the Union Territory of Andaman & Nicobar Islands. Businesses operating in these states must file their applications with the Kolkata registry.

4. Chennai Trademark Registry:

The Chennai office is responsible for trademark filings from southern India. It covers the states of Tamil Nadu, Kerala, Karnataka, Andhra Pradesh, Telangana, and the Union Territories of Puducherry and Lakshadweep. This registry handles examination, objections, and hearings for applicants located in the southern zone.

5. Ahmedabad Trademark Registry:

The Ahmedabad office was established to independently handle the state of Gujarat, along with the Union Territories of Dadra & Nagar Haveli and Daman & Diu. Earlier, this region was covered by the Mumbai office. Though some administrative overlaps still exist, the Ahmedabad registry is now largely responsible for processing applications from this area.

When filing a trademark application, the jurisdiction is determined by the principal place of business of the applicant. In the case of foreign applicants, the location of their Indian legal representative or agent decides the applicable registry. For example, an applicant based in Hyderabad would file through the Chennai registry, while one located in Jaipur would come under the jurisdiction of the Delhi registry.

Understanding the correct jurisdiction is crucial for seamless processing of trademark applications, responding to examination reports, and appearing for hearings. Despite the growing reliance on online filing systems, territorial jurisdiction continues to play a vital role in managing and adjudicating trademark matters in India.

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