6 Stages Of Trademark Registration Process In India

Published on 14 Jul 2019 by Shivi

Trademark registration process in India involves protecting an individual or company’s mark i.e. the logo, name, symbol, word or slogan used to represent their products or services to the public. Trademark registration protects the legal rights of the owner against unauthorised use or infringement from the third party. However, the Trademark registration process is complicated and involves intricate stages.

Stages Of Trademark Registration In India

From the filing of the Trademark registration application to issuing of Trademark certificate by the Registrar’s office, Trademark registration process in India involves the following stages:

Step 1: Trademark Search

Even before the Trademark application is filed, it is important to perform an online Trademark search to ensure that the mark is not violative of an existing registered Trademark and meets all the guidelines of a valid Trademark in India. 

Step 2: Trademark Application Filing

An application for Trademark registration is filed with the Trademark Registrar, along with the necessary details of the applicant, the class under which the mark is to be registered and details of the goods and services for which the mark has been or will be used. The Trademark application filing process can be done online by a registered Trademark agent or a lawyer.

Step 3: Trademark Examination

After receiving the application for Trademark registration, the Registrar checks all the details mentioned in the application and verifies if the mark adheres to all the guidelines for a valid Trademark. The benchmark for Trademark examination is set under the Trade Marks Act and usually, the process takes around 6-8 months. Once the examination process is completed, the Registrar issues an Examination report and either raises Trademark objection or passes the application for the next stage.

Step 4: Reply To Trademark Objection

This step only applies when the Registrar has raised certain objections against the Trademark application. A reply to Trademark objection is to be filed within 30 days from receiving the Trademark objection report. This reply must explain why the Trademark application must be approved.

Step 5: Advertisement In Trademark Journal

After step 4 and 5, the Trademark Registrar publishes an advertisement in the Trademark Journal for the general public to raise any opposition against the Trademark application. Any person who feels that the registration must not be granted can file a Trademark opposition. The applicant will then need to attend the hearing about Trademark opposition.

Step 6: Trademark Registration Certificate

Once step 5 is completed, the Registrar issues the certificate for Trademark registration to the applicant. If the opposition is valid, the Registrar rejects the application and no registration is granted. Additionally, if the applicant fails to reply to the Trademark objection or opposition, the application is held to be abandoned. 

Therefore, it becomes highly necessary for a Trademark applicant to keep a close eye on their Trademark registration process and take help of an expert who can carefully deal with all the stages of Trademark registration in India.

Trademark registration has several benefits for the Trademark owner can protect them against unwanted infringers and copycats. Trademark adds brand value and trust in the public and helps boost the business’s goodwill. 

Legistify can assist you in sailing through all the different stages of Trademark registration in India. Call us at 846-883-3013 or send us an email at [email protected].

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