How to obtain trademark registration in India ?
Answered on February 09,2018
Following are the steps involved in trademark registration in India.
Step 1: Trademark Search
A trademark search is a search made in the database of the Trademark Registry. The search determines whether the required trademark is available for use in connection with certain goods or services. In the search, similar word marks as well as phonetically similar names in a specific class is comprehensively searched.
You can search for trademark in the below link
Step 2: Filing Trademark Application in India
Once you have found out that your trademark is not listed in the registry, the next step is to file a trademark application at the Trademark Office, India. You can file it online in the below link.
Step by step instructions for e-filing of the trademark is provided here.
Step 3: Trademark Examination
After a trademark application is filed, it is examined by the examiner for any discrepancies. The examination might take around 12-18 months. The examiner might accept the trademark absolutely, conditionally or object.
If accepted unconditionally, the trademark gets published in the Trademark Journal. If not accepted unconditionally, the conditions to be fulfilled or the objections would be mentioned in the examination report and a month’s time would be given to fulfil the conditions or response to the objections.
Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing. If in the hearing, the examiner feels that the trademark should be allowed registration, it proceeds for publication in the Trademark Journal.
Step 4: Trademark Publication
The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.
Step 5: Registration Certificate
If there is no opposition, a registration certificate under the seal of the Trademark Office is issued.
Step 6: Trademark Renewal
The trademark can be renewed after every 10 years. Hence, your logo or brand name registration can be protected perpetually.
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