How Do I Register Trademark in India ?
Stages involved in Trademark Registration
1. Trademark Search
First and foremost a thing is to carry out an exhaustive Trademark Search. A detailed search gives a fair bit of idea about similar and identical Trade Mark, which helps in deciding the right trademark to apply for registration. A seasoned Trademark lawyer can help you selecting a right Trademark.
2. Filing of Trademark Application
Once the Trade Mark is finalised it can be filed electronically or directly at Trade Mark registry. There are five Trade Mark Registry in India located in Delhi, Mumbai, Kolkata, Chennai and Ahmadabad. The govt fees depend upon the nature of applicant and mode of filing, for natural person the fees is INR 5000 when filed physically for electronic filing there is 10% discount. The application can be filed in a single class or multiple classes depending upon the nature of goods and services. Nevertheless, the fee is calculated per class.
3. Allotment of application number
Once a trademark application is filed at the Trademark registration office, a unique application number is generated, which helps in tracking the application status online.
4. Formality Check Pass and Vienna Codification
Once a trademark application is filed, it under undergo several formality checks and if there is any technical flaw in the application, then a formality check fail is issued and applicant is required to overcome the technical flaw within prescribed time limit. Further, a trademark comprising of figurative element artistic work or a logo undergo a codification called Vienna Codification. It is formality complied at Trademark Registry to make Vienna Code search possible.
5. Examination of Trademark application
A Trade Mark application is usually examined within a month from the date of filing. Apart from the formalities a Trade Mark Examiner usually examines a Trademark application under absolute and relative ground of objection under Section 9 & 11 of the Trade Marks Act, 1999. Under examination an Examiner may either accept the application raise objection under Section 9 & 11.
6. Reply to examination report
During examination if a Trade mark application is objected by the Examiner under Section 9/11 or both, then it is required to submit a reply to examination report within stipulated time of 30 days. If a reply to examination report is not submitted then the application is likely to be abandoned for non compliance of Examination report. It is advisable to submit a detailed reply to examination report with strong averments supported by relevant case laws and evidences of use of mark, if any.
If the examiner is not convinced by the reply to examination report then there is most likelihood that a hearing will be appointed. There is no prescribed time limit within which a hearing will be appointed but when appointed it is required to be attended either by the applicant or their authorised agent. In a hearing, averments supporting the application along with evidence of use by way of affidavit are furnished based on which the Examiner will either accept the Trade Mark or refuse the mark.
8. Advertisement of a trademark in official journal
Once a mark is accepted or allowed by the Examiner either at examination or after hearing it is published in official journal. The purpose of advertisement is to convey public at a large that a mark will be soon registered if any person has any problem with the registration then they can file Opposition within 4 months from the date of advertisement.
9. Certificate of trademark registration
If no opposition is received during 4 months of advertisement then a Trademark is registered. The registration of a mark is valid for a period of 10 years from the date of filing. The registration can be renewed during the last year of registration by paying appropriate fees.
An experienced Trademark Lawyer can make your Trademark registration journey very smooth and you can get your mark registered in almost six months.
We have recently obtain registration certificate for one of our client in just six months.
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