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Trademark Application Process

The trademark application process in India involves several steps: 1) Conducting a trademark name availability search to check if the proposed mark infringes on any existing trademarks. 2) Filing the trademark application with the Trademarks Office, including the logo or word mark and applicant details. 3) Examination of the application by the Trademarks Office to assess registrability based on distinctiveness and similarity to prior registrations. 4) If accepted, the mark is published in the Trademark Journal where oppositions can be filed within 3 months.

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274 views2 pages

Trademark Application Process

The trademark application process in India involves several steps: 1) Conducting a trademark name availability search to check if the proposed mark infringes on any existing trademarks. 2) Filing the trademark application with the Trademarks Office, including the logo or word mark and applicant details. 3) Examination of the application by the Trademarks Office to assess registrability based on distinctiveness and similarity to prior registrations. 4) If accepted, the mark is published in the Trademark Journal where oppositions can be filed within 3 months.

Uploaded by

Radhika Pai
Copyright
© Attribution Non-Commercial (BY-NC)
We take content rights seriously. If you suspect this is your content, claim it here.
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TRADEMARK APPLICATION PROCESS

Process of filing a Trade Mark Application in India and Grant of Trademark Registration
Certificate involves the following steps as shown below herein:

NAME SEARCH:
It is recommended to conduct a Trademark name availability search in order to check if any
similar Trademark has been filed in India, which may oppose your registration. The cost of the
search is generally quite insignificant in comparison to the costs of re-branding if there is
difficulty in using the Trademark because it infringes the right of others.

FILING OF APPLICATION BEFORE THE TRADE MARKS OFFICE:


The next step in getting a trademark registration is the filing of Trade Mark Application in Form
1, with the logo or word mark (as may be applicable), along with the applicants' particulars,
including his address (incase of a company, the registered address of the company). A duly
notarized Power of attorney, on stamp paper has also to be submitted.

EXAMINATION:
The Trademark Office will examine the registrability of the application, which includes
distinctiveness, existing similarity with prior registrations, and completion of supporting
documents, if accepted, the Trademark Office will issue an acceptance order and the Trademark
is ordered for publication. We shall need additional evidence at the time of examination of the
mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark.
Examination generally occurs within 3-4 months of filling of Trademark application, but the
request for the expedite examination of an application can also be made, which costs 5 times the
govt. fee for filling the Trademark application.

DOCUMENTS/INFORMATION MAY BE REQUIRED TO PROVE DISTINCTIVENESS:

 The extent of advertisement with a few sample copies of advertising material and brochures;
 The quantum of usage with a few invoices and the last gross annual sale of the goods under
the Trade name;

 The extent of use of the mark in respect of time and area;

 A brief write-up on the importance attached to the trade mark in particular;

 The class of costumers and their standard of intelligence and education;

 The date of commencement of the use of the mark;

 If the trade mark has been registered in several countries and the law of Trademark is
similar to that of India, certified copies of the registration of the marks in such countries
may also be provided to us.

OPPOSITION OF MARK:
When the Trademark is advertised 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.

IF OPPOSED BY GENERAL PUBLIC:


If the Trademark application is opposed, then the Trademark office will request evidence in
writing from both parties. If the dispute is not settled by the parties, then matter is determined at
a hearing. Registration of an opposed Trademark application will be delayed pending till the
determination of the opposition.

REGISTRATION:
In the absences of opposition, a Trademark is registered, and the relative certificate of
registration is issued for 10 years from the date of filing of an application. It took tentatively 24-
30 months from the date of filling of the Trademark application upto the final registration of the
Trademark.

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