Question 1

Can I use the TM symbol without registering the trademark?

Accepted Answer

Application in Form TM-A, signed by the applicant or agent, with a description in words of the mark sufficient to depict its graphical representation (Trade Marks Rules 2017, rule 23(1) and 23(2)); Clear and legible representation of the trade mark; for a colour claim, a reproduction in that combination of colours; for a three-dimensional mark, three different views (Trade Marks Rules 2017, rule 26(1) to (3)); Statement of the period during which, and the person by whom, the mark has been used - unless the mark is 'proposed to be used' (Trade Marks Rules 2017, rule 25(1)); Where use prior to the application date is claimed: an affidavit testifying to such use, with supporting documents (Trade Marks Rules 2017, rule 25(2)); Address for service in India - a postal address in India and a valid e-mail address (Trade Marks Rules 2017, rule 17(1)); Where an agent files: authorisation of the agent in Form TM-M (section 145) (Trade Marks Rules 2017, rule 19(1)); Convention (priority) applications only: a certificate of the foreign Trade Marks Office giving the particulars of the mark, the country and the filing date - filed with the application or within two months (Trade Marks Rules 2017, rule 24(1) and (2))

Question 2

Contract Labour (CLRA) Licence — West Bengal

Accepted Answer

Applies in West Bengal to every establishment employing five or more contract workers - a lower trigger than the twenty-worker threshold in the unamended central Act. The principal employer registers the establishment; each contractor separately takes a licence. Threshold: Five or more contract workers. The state's own page states it twice: 'The act applies to every establishment employing 5 or more contract workers. Establishment means any office or department of the Government or a local authority or any place where any trade, industry, business, manufacture or occupation is carried out.' Contract labour is prohibited in a core activity, except where a sudden increase in the volume of core-activity work must be accomplished in a specified time. Fee basis: The Act and the state's own summary both say registration and licensing are granted 'by paying the fees prescribed', and that a contractor must also pay a security deposit, but NO PRESCRIBED AMOUNT is published on any West Bengal government page reached. The fee and the security deposit vary with the number of contract workers under the rules; no figure is recorded because none was read. Renewal: A contractor's licence is renewable. Renewal must be applied for not less than 30 days before the date on which the licence expires, in Form VII. Rule 29(1A) additionally requires a declaration by the contractor, on renewal, that he complies with the Act and with the Provident Fund and ESI provisions. Deadline: The principal employer must register under section 7 before employing contract labour; employing contract labour without registration, or after revocation of registration under section 8, exposes the principal employer to action under section 23. Renewal at least 30 days before expiry. Statute: The Contract Labour (Regulation and Abolition) Act, 1970, as applicable in West Bengal, with the contract labour rules made thereunder Read from the Labour Department's own note published on the state portal.gov.in/acts/act_labour_contract_labour_act.pdf (HTTP 200, 168,177 bytes, five pages). Forms named: Form I (registration, in triplicate, to the registering officer), Form IV (application for licence, with Form V from the principal employer), Form VII (renewal), Form XII (principal employer's register of contractors), Forms XVI/XVII/XVIII (muster roll and wage registers), Forms XX/XXI/XXII (deductions, fines, advances), Form XXIII (overtime). Self-certification by the owner is accepted under this Act per Schedule I, vide No. 192-Emp/EMP/IM-19/14 dated 18.06.15, and dispenses with enquiry and verification. CAVEAT ON THE SOURCE: the same page, in answer 11, refers to 'Rule 24 and 26 of the AP Contract Labour Rules' - an evident copy-paste error in the West Bengal document, since Andhra Pradesh's rules do not apply here. The rule NUMBERS for the security deposit are therefore not relied on; only the West Bengal-specific statements (the five-worker threshold, the forms, the 30-day renewal window and the self-certification notification) are recorded.

Question 3

Trademark Registration

Accepted Answer

Secure your brand name and mark in the classes that matter.

Can I use the TM symbol without registering the trademark?

Documents required for Trademark Registration

Contract Labour (CLRA) Licence — West Bengal

Trademark Registration

Stamp duty on incorporation — Andhra Pradesh

People also ask