Introduction
The establishment of the Trade
Marks Registry in India can be traced back to 1940, and presently it
administers the Trade Marks Act, 1999
("Act"), and the rules made thereunder. The Registry serves as a
central resource and information hub, facilitating matters concerning
trademarks within the country. Its primary function is to register trademarks
that meet the criteria outlined in the Trade Marks Act, 1999, and the Trademark
Rules, 2017, while also maintaining the official Register of Trademarks.
The Registry has to discharge various other functions, like offering preliminary advice as to registrability; causing a search to be made to issue a certificate under Section 45(1) of the Copyright Act, 1957, to the effect that no trademark identical with or deceptively similar to such artist work as sought to be registered as a copyright has been registered as a trademark; providing public information and guidance to the public on the subject; providing information to various government agencies, including police, Central Excise personnel, and Public Grievance Redressal; maintaining a top-class IP library; producing an annual statistical report; producing the official Trade Marks Journal in electronic form; and submitting an annual report to Parliament.
For these numerous functions of the registry, the power has been entailed by the Registrar, and the registry is headed by the Controller General of Patents, Designs, and Trademarks, and he functions as the Registrar of Trademarks. He, from time to time, assigns functions of the Registrar to other officers appointed by the Central Government, and such officers also function as Registrar in respect of matters assigned to them.
Relevant Provision for the Appointment of the Register
As per Section 3(1) of the Trademarks Act, 1999, "The Central Government may, by notification in the Official Gazette, appoint a person to be known as the Controller-General of Patents, Designs and Trade Marks, who shall be the Registrar of Trade Marks for the purposes of this Act."
The Central Government also appoints other officers under the designation, which they find fit to discharge their functions under the direction and supervision of the registrar. The same officers are deemed to perform the function that has been allotted to them by the registrar from time to time, as mentioned in Section 3(2) of the Act.
Posts of Registrars under Different Groups
The Controller General of Patents, Designs, and Trade Marks serves as the Registrar of Trade Marks, assisted by the officers in Group A, including the Senior Joint Registrar, Joint Registrar, Deputy Registrar, Assistant Registrar, Senior Examiner, and Examiners of Trade Marks and Geographical Indications (GI). These officers perform the registrar's duties under his supervision and direction. Typically, the Senior Joint Registrar, Joint Registrar, Deputy Registrar, and Assistant Registrar are empowered to hear and resolve cases under the Act. Additionally, there are various other positions in Groups B and C, such as Trademark and GI Examiners, Administrative Officers, and Assistant Superintendents, as outlined in the Trademark Registry Information Booklet.
Qualifications for Certain Posts of Officers of the Trademark Registry
Degree in law from a recognized university.
Twelve years' experience at a Bar Council of India or in a State Judicial Service or in the Legal Department of a State Government or in the Central Government or in the processing of Applications for registration filed under the Trade Marks Act or Geographical Indications Act or in teaching law at a recognized university or Institution.
OR
Master's Degree in Law from a recognized university with ten years' experience in teaching law or in conducting research in law in a recognized university or institution.
Degree in law from a recognized university.
Ten years' experience at a Bar Council of India or in a State Judicial Service or in the Legal Department of a State Government or in the Central Government or in the processing of applications for registration filed under the Trade Marks Act or Geographical Indications Act or in teaching law in a recognised university or Institution.
OR
Master's Degree in Law from a recognized university with eight years' experience in teaching law or in conducting research in law in a recognized university or institution.
Degree in law from a recognized University.
Five years' experience at a Bar Council of India or in a State Judicial Service or in the Legal Department of a State Government or in the Central Government or in the processing of applications for registration filed under the Trade Marks Act or Geographical Indications Act or in teaching law in a recognised university or Institution.
OR
Master's Degree in Law from a recognized university with three years' experience in teaching law or in conducting research in law in a recognized university or Institution.
4. Senior Examiner of Trade Marks & Geographical Indications (Group "A" Gazetted)
Degree in law from a recognized university.
Three years of experience in handling court cases and other legal matters or matters relating to Trade Marks or Geographical Indications.
5. Examiner of Trade Marks & Geographical Indications (Group "B" Gazetted)
Degree in law from a recognized University.
Two years of experience in handling Court cases and other legal matters or matters relating to Trademarks or Geographical Indications.
There are several other posts under the Group A, B and C whose qualifications are notified by the Central Government.
Conclusion
The brisk evolvement of the
businesses and trade industry has swiftly increased the importance and
awareness of the trademark registration, predominantly due to its potential to
pull the customer's attention and the protection of the reputation, mark, and
goods of the owner. And therefore, immense powers are vested in the hands of a
registrar of trademarks; such powers are with respect to the application, the
power to review his own decisions, the power to adjourn the subject matter, and
the power regarding the proceedings of the subject matter for the smooth
functioning of the trademark registry and the relevant registration of the
trademarks.
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