Trademark Registration Process
STEP-1- TRADEMARK SEARCH
A Trademark search is the first step in the Trademark registration procedure. A search is to be conducted in order to determine the uniqueness of the mark, and its similarity to other, pre-existing marks. It is very much advisable to conduct a Trademark search before registering or using a Trademark. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Trademark application, and a third-party challenging the Trademark application.
STEP-2- FILING OF TRADEMARK REGISTRATION APPLICATION
The second step in the Trademark registration procedure is filing of Trademark registration application after getting the positive search report. After receiving of the acknowledgement the applicant can use the symbol TM along with the applied mark. If the application for the registration of Trademark is filed through E-filing system of Trademark registration, than the acknowledgement of the application alongwith the government receipt generate immediately after the filing.
If the application for the registration filed manually than the acknowledgement is received after the submission of the application with the department.
STEP-3- EXAMINATION OF TRADEMARK REGISTRATION APPLICATION
The third step in the Trademark registration procedure is issuance of the examination report by the Trademark department. Upon receipt of Trademark registration application, the Registrar issues an examination report after examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subjects of earlier pending applications.
STEP-4- PUBLICATION OF MARK IN THE TRADEMARK JOURNAL
Fourth step in the Trademark registration procedure is the publication of the mark in the Trademark journal. If the Registrar considers the mark as a distinctive mark or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark Journal. If no opposition to the mark is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, mark proceeds for the acceptance of Registration.
STEP-5- TRADEMARK REGISTRATION
Fifth step in the Trademark registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Trademark is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
If there is no objection and /or opposition raised, the process of Registration of Trademark usually takes 15 to 24 months approx.
DOCUMENTS REQUIRED FOR APPLICATION OF TRADEMARKS
- Word Mark or Logo Mark
- PAN Card of the Applicant
- Address Proof of the Applicant
- Date of intended use of mark, if already in use, then User Affidavit is required
- Business Activity for which the mark is to be used
DEPARTMENT FEES INVOLVED
|Status of Applicant ||E-Filing Fees ||Corresponding Form Number |
the applicant is an Individual /
Startup/Small Enterprise||Rs. 4,500 ||Form TM-A|
all other cases ||Rs. 9,000 ||Form TM-A |
|(Note: Fee is for each class and for each mark )|