Trademark Registration Procedure

Benefits of Trademark Registration

Trademark Search

• The trademark search determines whether a proposed 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.

Trademark Filings

• When it is figured out that the proposed TM does not clash with whatever other trademarks accessible at the Registry, a TM application is recorded at the Trademark Office.
• A TM application can be filed for a single and multi class. Application claiming priority from a convention country can also be filed in India within 6 months from the priority date.

Examination

• After filing, Trade Marks Registry will then examine the mark to ensure it meets the necessities for registrability in India.
• Examination at present happens around 8-10 months after filing the application, nonetheless it is conceivable to demand a facilitated examination by paying additional government charges.

Publication

• Publication of the application after or before acceptance of the application in the Trademark Journal.
• In the event that the Registrar protests or needs satisfaction of specific conditions, a Response is looked for from the Applicant. After the filing of the Response, if the same is acknowledged, the Trademark proceeds for publication in the Trademark Journal.
• On the off chance that the Response is not acknowledged, a hearing can be requested. At the hearing, the Registrar may consider the enlistment or reject it totally.
• On the off chance that the Registrar permits, the Trademark continues for publication in the Trademark Journal.

Opposition

• At the point when the Trademark is publicized in the Trademark Journal, then third party can oppose the registration of the Trademark within the 3 months from the date of the Trademark journal made available to the public.

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.

Conclusion

• The registered trade mark continues to enjoy all the rights which vest in an unregistered trade mark. By registration the proprietor of an unregistered trade mark is converted into proprietor of the registered trade mark.

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