TRADEMARK REGISTRATION PROCEDURE

Registration of a trademark in India involves the following steps

SEARCH: It is advisable to conduct a Trade Mark search to ascertain the existence of prior applied/registered marks which are of identical or similar nature. Conducting a search is not mandatory.

FILING: Application for trademark registration is filed. After filing you can use ‘TM’ symbol for your mark.

EXAMINATION: After filing, the application is examined by the Registry and they may issue an examination report containing some objections. We are required to file a response to the Examination report with our arguments to overcome the objections.

HEARING: If the Registry is not satisfied with the submissions given in the response to examination report, they may appoint a Hearing. A Hearing can also be demanded by the Applicant to put forth arguments and tender additional evidence. If Hearing Officer is not satisfied with arguments at the Hearing, the mark may be refused registration at this
stage.

PUBLICATION: Once the Hearing Officer is satisfied with arguments at the Hearing, the mark is accepted and advertised in the Trademark Journal. If no objections are raised at the time of examination, then the Registry directly accepts and advertises the mark.

OPPOSITION: Within 4 months of publication, any person from the public may oppose the trademark application. We are required to defend it and both parties submit their arguments with evidence at the relevant stage. If no party opposes the application, then the mark directly proceeds to registration after 4 months.

GRANT: Registration certificate is issued for the trademark.