Detailed Trademark Registration Process in India

 

The entire process, from filing to registration, can take anywhere from 9 to 18 months or more if there are objections or oppositions.

1. Trademark Search and Selection (The Critical First Step)

  • Purpose: To check the Trade Marks Registry database for identical or confusingly similar marks already registered or applied for in the same or similar classes of goods/services.
  • Result: A clear search report significantly increases the chance of a smooth registration. If a conflict is found, it is safer to modify your mark.

2. Application Filing (Form TM-A)

  • Filing: The application (Form TM-A) is filed with the Indian Trade Marks Registry, either physically or online (e-filing is cheaper and faster).
  • TM Symbol: Upon successful e-filing, an allotment number is generated instantly, and you can immediately start using the ™ symbol next to your mark.

3. Examination and Vienna Codification

  • Vienna Codification: If your mark includes a logo or figurative element, the Registry will assign a Vienna Code (an international classification for figurative elements).
  • Examination: A Trademark Examiner reviews the application for legal compliance.
    • They check for conflicts with existing marks (Section 11) and ensure the mark is distinctive, not descriptive, and not illegal or offensive (Absolute grounds for refusal - Section 9).
  • Examination Report (Office Action): The Examiner typically issues a report:
    • Acceptance: The mark is accepted for publication.
    • Objection: The applicant is required to file a formal reply within one month to overcome the objections, often through legal and documentary arguments. A hearing may be appointed if the reply is not satisfactory.

4. Publication in the Trade Marks Journal

  • Publication: If the application is accepted (either directly or after overcoming objections/hearings), the mark is published in the official Trade Marks Journal.
  • Opposition Period: This marks a 4-month period where any third party who believes the mark will harm their rights can file a Notice of Opposition (Form TM-O).

5. Opposition (If Applicable)

  • Defense: If an opposition is filed, the applicant must file a Counter Statement within 2 months. This starts a legal proceeding involving evidence submission and possibly a hearing before the Registrar.

6. Registration and Certificate

  • Issuance: If no opposition is filed within 4 months, or if the opposition is dismissed, the mark proceeds to registration.
  • ® Symbol: A Registration Certificate is issued. You can now use the ® symbol (Registered Trademark).
  • Renewal: The registration is valid for 10 years from the date of the application and must be renewed subsequently.

Key Documents Required (For E-Filing)

The specific documents vary based on the applicant type (Individual, Company, LLP, etc.).

Applicant Type

Key Document/Detail Required

Common to All

* Logo/Wordmark: A soft copy (JPEG/PNG). * List of Goods/Services: A detailed description and the corresponding Nice Classification class(es). * User Affidavit (Optional): If claiming prior use before the application date, evidence of usage (e.g., invoices, advertisements). * Form TM-48 (Power of Attorney): An authorization form signed by the applicant in favour of the Trademark Agent/Attorney (if hiring one).

Individual/Proprietor

* PAN Card and Address Proof (Aadhaar, Passport, etc.). * MSME or Start-up certificate (if claiming reduced fee).

Company / LLP

* Certificate of Incorporation (CIN/LLPIN). * Proof of Identity and Address of the Authorized Signatory. * Board Resolution or POA authorizing the signatory. * MSME or Start-up certificate (if claiming reduced fee).

Partnership Firm

* Partnership Deed. * Proof of Identity and Address of the Authorized Signatory (Partner). * MSME or Start-up certificate (if claiming reduced fee).

 

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Location: India

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