Trademark Application and Registration Process

The process of Trademark application and Registration in India involves several steps. Here's a detailed guide:

1. Trademark Search

Purpose: To ensure that there is no existing trademark that is similar to the one you intend to register.

How: Conduct a search on the Indian Trademark Registry's official website. This step is crucial to avoid any potential conflicts or objections.

2. Application Filling:

Required Information: Applicant's details, trademark details (logo, word, etc.), class of goods/services, and the date of first use of the trademark (if any).

Forms: Form TM-A for a new application.

Where to File: Online through the IP India website or physically at one of the Trademark Registry Offices (Mumbai, Delhi, Kolkata, Chennai, and Ahmedabad).

3. Examination:

Examination Report: The Registrar will examine the application and issue an Examination Report, which may raise objections based on absolute and relative grounds.

Response: You need to respond to these objections within the stipulated time, typically one month from the receipt of the Examination Report.

4. Publication in the Trademark Journal

-Purpose: To allow the public to oppose the trademark if they believe it infringes on their rights.

Opposition Period: The trademark is published in the Trademark Journal, and there is a four-month window during which any third party can oppose the registration.

5. Opposition (if any)

Procedure: If an opposition is filed, you need to respond to it. The Registrar will conduct a hearing to resolve the opposition.

Outcome: If the opposition is resolved in your favor, the trademark proceeds to registration. If not, you may need to appeal the decision.

6. Registration

Registration Certificate: If no opposition is filed or if the opposition is resolved in your favor, the trademark is registered, and a Registration Certificate is issued.

Validity: The trademark is valid for ten years from the date of application, and it can be renewed indefinitely for successive ten-year periods.

7. Renewal

When to Renew: Six months before the expiry of the trademark registration.

Forms: Form TM-R for renewal.

Penalty for Late Renewal: There is a grace period of six months post expiry to renew the trademark with an additional fee.

Additional Points:

Documents Required: Trademark or logo, proof of identity, proof of business, user affidavit (if claiming prior use), power of attorney (if filed by an agent).

Cost: The government fee varies based on the applicant type (individual/startup/SME vs. other entities) and ranges from ₹4,500 to ₹9,000 for online filing. Additional professional fees may apply if using a trademark attorney or agent.

By following these steps and ensuring proper documentation, you can successfully apply for and register a trademark in India.