In India, the Registrar of Trademarks is the administrative body that is responsible for examining and registering trademarks. As part of this process, the Registrar may provide preliminary advice to applicants on the distinctiveness of their proposed trademark. This advice is meant to help applicants determine whether their trademark is likely to be considered distinctive enough to be registered.
Section 133. Preliminary advice by the Registrar as to distinctiveness-
(1) The Registrar may, on application made to him in the prescribed manner by any person who proposes to apply for the registration of a trade mark, give advice as to whether the trade mark appears to him prima facie to be distinctive.
(2) If, on an application for the registration of a trade mark as to which the Registrar has given advice as aforesaid in the affirmative made with three months after the advice was given, the Registrar, after further investigation or consideration, gives notice to the applicant of objection on the ground that the trade mark is not distinctive the applicant shall be entitled, on giving notice of withdrawal of the application within the prescribed period, to have repaid to him any fee paid on the filing of the application.
Rule 21. Preliminary advice by Registrar as to distinctiveness -
An application for preliminary advice by the Registrar under sub-section (1) of Section 133 shall be made in Form TM-M in respect of any goods or services comprised as published by the Registrar under sub-rule (2) of rule 20, along with the fees specified in entry number 14 of the First Schedule and accompanied by one representation of the trademark.
Mode of application-
Any person who wants to seek the opinion of the Registrar needs to file Form TM-M with Government Fee
Benefit involved-
After consideration of the TM-M Application, if the registrar gives his advice that the mark is distinctive and later on decide that the mark is not distinctive, then on withdrawal of the TM application, the applicant will be entitled to claim refund of fee paid as Application fee.
Fees-
Government fee of Rs 1800/-
Time required for receiving advice-
4-6 Months from the date of filing TM-M.
Preliminary advice letter-
