Trademark Registration Process In India

Ø  Trademarks are classified under different classes as per the law and these classes segregate goods in various categories. So before one proceeds with applying  for Trademark Registration, it is very important to ascertain under which class the Trademark Application falls. Hence, to get Trademark Registered for goods to be marketed under it, Application should be filed in the class to which these goods belong.

Ø  The next step is to make a comprehensive search in the official record for any prior Application/Registered identical or similar mark.

Ø  In case of no prior identical/similar mark, one can file Trademark Application along with official fees with the Indian Trade Mark Office.

Ø  An Application Number is allotted and Priority starts from the date of Application.

Ø  Formal Examination of Application by the Indian Trade Marks Office, regarding Registrability of the mark.

Ø  Official Examination Report will be issued to Applicant in case of objections raised by the Trademark Office.

Ø  Written response to the objections is to be submitted by the Applicant.

Ø  Further Hearing is scheduled before the Trademarks Examiner.

Ø  In case of successful hearing in favour of Applicant, Trademark will be published in the Trade Marks Journal by the Trademark Office.

Ø  A period of four months from the publication date is allowed for Application to be opposed by public.

Ø  In the case of opposition proceedings ending in favour of Applicant OR If there are no oppositions within 4 months from the date of publication, then the trademark registration certificate is issued by the Trademark Registry to the Applicant.

Ø  Once the trademark is registered, it is valid for a period of 10 years from the date of application which can be further renewed.

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