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

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