5 Steps Trademark Registration Process in India

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Every Trademark Application will go through the following steps.


1. Trademark Search 
Trademark Search allows the applicant to conduct a comprehensive search to check – 
  • Any Similar, Exact or Phonetic matches. 
  • Identical results from all trademark classes. 
  • Words with a similar prefix, suffix, or infix variations. 
  • Abbreviations and acronyms. 
You can easily search Trademark for Business, Click Here.
2. Filling Trademark Application 

The applicant needs to file TM–A form with all the required documents and registration feeto initiate the registration process. 

Once the application is submitted with the Trademark Registry, an acknowledgment slip with the Trademark Application number is generated to help the applicant track the registration process. 

The applicant can now use ™ along with the mark until it gets registered. The status of your application will reflect as New Application till all the details are entered in the Trademark Database. 

3. Trademark Examination 

After you have filed your Trademark Application, an Examiner in the IP India department will go through the application to check for the following points.
  • Availability of the mark.
  • Infringing other similar trademarks (s). 
  • False specifications of Goods and Services. 
  • Lack of distinctiveness. 
  • Incorrect details in the trademark application. 

Depending upon the above criteria, the examiner can raise an objection.

Objection 

An examination report is issued to the applicant stating the reasons for the objection.

The applicant has to reply to the examination report within 30 days from the date of issuance.

If the examiner is satisfied with the reply, the mark gets published in the Trademark Journal.

He can also call for a Hearing to decide the registration of the mark.

4. Trademark Publication

On approval in the examination report, the mark is advertised in the Trade Marks Journal for public viewing for a period of 4 months. 

There are possibilities that the mark gets opposition by a third party.

In this case, both the parties get an opportunity to justify the registration of their mark to the Trademark Registrar.

In the case of no-opposition, a trademark registration certificate is issued to the applicant within 6 to 12 months.

5. Trademark Registration Certificate 

On receipt of the Registration Certificate, the applicant can use the Trademark represented by ©.

A registered trademark is valid for 10 years after which you need to renew its registration