Trademark Jurisdiction and Registry in India

In this competitive age, protecting the unique and distinctive characteristics of a brand or business are integral to staying relevant. Any individual, start-up, small and medium business or big corporates can apply for trademark registration in India. In India there are a total of 5 trademark offices based on various trademark jurisdictions. These offices are primarily responsible for handling the trademark registers, updating them, and approving new trademarks everyday. This jurisdiction of trademark is also known as the ‘Appropriate Office’. Knowing the relevant jurisdiction in trademark dispute is vital. So, through this blog, let’s delve into the intricacies of what is jurisdiction of trademark infringement, applications and more.  

What is trademark jurisdiction?

Trademark offices are assigned with the power to look over all matters pertaining to trademarks in India. Simply put, these trademark offices must have an appropriate jurisdiction of trademark to do so. Hence, the power conferred to administrative bodies and the Courts of India to look into trademark matters is known as trademark jurisdiction. 

According to the Trademarks Act, the trademark jurisdiction is determined on the basis of the principal place of business of the employer. During the trademark registration process, you will need to submit an appropriate jurisdiction of trademark. 

In case, there is no principal place of business for any applicant then the local address used to file the trademark application will be treated as the principal address. The term ‘local address’ is used in relation to the agent’s address for this context specifically. As trademark applications are filed by trademark agents or legal experts, therefore it is possible that the agent’s address is used as the local address for a trademark application. 

Authorities with jurisdiction of trademarks

In India, the following authorities, government bodies, courts, and entities get a jurisdiction of trademarks by virtue of the applicable laws: 

Intellectual property offices

The Office of the Controller General of Patents, Designs, and Trademarks (CGPDTM) and its regional offices have jurisdiction over trademark registration, examination, and maintenance.

Civil courts

District courts, High Courts, and the Supreme Court of India have jurisdiction in trademark disputes over civil matters, including infringement suits, passing off actions, and other disputes.

Customs authorities 

When it comes to import and export of goods, the customs authorities have the appropriate jurisdiction to ensure that there is no import or export of counterfeit products. Hence, giving them trademark infringement jurisdiction to some extent. 

Also Read: Documents required for Trademark Registration

Trade marks registry in India and its jurisdiction

The trade marks registry office is situated in Mumbai, Ahmedabad, Chennai, New Delhi and Kolkata.

Below is a brief description of the jurisdiction of every trademark registry (India)

Jurisdiction of Trademark Registry (India)	Name of the States covered
Trademark Office Mumbai	Maharashtra Madhya Pradesh Chhattisgarh, Goa
Trademark Office Ahmedabad	Gujarat Rajasthan Union Territory of Daman, Diu, Dadra and Nagar Haveli
Trademark Office Chennai	Andhra Pradesh Telangana Kerala Tamil Nadu Karnataka Union Territories of Pondicherry and Lakshadweep Island
Trademark Office Delhi	Jammu & Kashmir Punjab Haryana Uttar Pradesh Himachal Pradesh Uttarakhand Union Territory of Delhi Chandigarh
Trademark Office Kolkata	Arunachal Pradesh Assam Bihar Orissa West Bengal Manipur Mizoram Meghalaya Sikkim Tripura Jharkhand Union Territory of Nagaland,  Andaman & Nicobar Islands

Also Read: Can I Trademark my hashtag?

How to determine jurisdiction in a trademark dispute in India?

Trademark related disputes involve a lot of different aspects including infringement of trademark, passing off, assignment matters, and more. Moreover, considering the importance of trademarks and intellectual properties today, disputes over trademarks have grown a lot more over the years. Besides, while determining the jurisdiction in a trademark dispute, a lot of factors come into play. It includes the address of parties, the place of cause of action and more. Here are a few steps to help you determine the jurisdiction in a trademark dispute in India: 

Identification of parties

The first step in a trademark infringement or other disputes is to determine who the actual parties are. There will ideally be a plaintiff (aggrieved party) and the defendant (defending party). 

Location of parties

Once you know the parties, you also need to check whether it is a domestic or international dispute or infringement matter. So, you will need to check the location of both parties. Usually, it is the residential address or principal place of business or the “Address of Applicant” given in the form TM – A. 

Also Read: Can I trademark my Logo?

Place of infringement

The location where the cause of action arises is usually important. It is also very useful in determining the trademark infringement jurisdiction. So, this location can be any place where the infringing marks were created, sold, distributed, etc. 

IP agreements 

Many times parties entering into the trademark assignment documents or licensing agreements mutually agree upon a location, in case of any future disputes. Hence, determining the jurisdiction of trademark disputes becomes very easy in these cases. Thus, all you need to do is carefully review all IPR agreements to see the governing jurisdiction.  

File the case in appropriate forum

Once you go through all the documents and other relevant details, you will easily know the final jurisdiction for trademark infringement. Then, you can start your dispute by filing a case in the appropriate trademark office. 

Conclusion

The location of every trademark application is very important as the same will have an impact on other important trademark processes at the relevant stages. Therefore, one must carefully choose the appropriate location of the trademark. Trademark registration in India is a complex process. If you wish to proceed ahead with filing a trademark application, you should always consider seeking expert advice. Besides, Legalwiz.In has a team of experts capable of providing smart solutions to all your problems.