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trademark registration in india

Trademark Registration Process

1. Trademark search

Although it is not mandatory, but it is highly recommended to conduct a trademark search before filing for a trademark registration application to ensure that there is not a prior existing mark similar to yours that could prevent your mark obtaining registration. It is also useful for you to know whether there are similar marks in the marketplace.

2. Drafting and Filing of Trademark Registration Application

Once the relevant searches have been conducted with the results showing the mark is not too similar to a previously existing mark, then a trademark application is filed with Trade Marks Registry India.

At this stage it is necessary to define the goods and services for which trademark protection is sought. This should be as broad as possible (but not so broad as to be meaningless) as you are endowed protection from a potential infringer only for the goods and services covered by the application. It should include even future uses of the mark.

Government fees for filing single trademark registration application is Rs.3,500/-

3. Examination Report

Trade Marks Registry will then examine the mark to ensure it meets the requirements for registrability in India. Examination currently occurs around 8-10 months after filing the application, however it is possible to request an expedited examination by paying extra government fees.

4. Respond to objections, if any

Objections arising from examination are common. They can often be overcome by:

  • submitting legal arguments as to why the mark should indeed be registered; or
  • providing evidence that the mark has been in use for a sufficient time; or
  • altering the goods/services of the trade mark specification.

5. Acceptance before Registration

If there are no objections from Trade Marks Registry, or they are overcome, then a notice of acceptance will issue. The acceptance and details of the mark will be published shortly thereafter in the Trade Marks Journal, and once published, there is a four months period in which other parties can formally oppose the registration of the mark.

6. Registration

If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the trademark registration certificate will issue. Once registered a trademark will be valid for 10 years thereafter it can be renewed for another 10 years upon paying the government fees.

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