Trademark Registration process in India

The Steps involved in the Trademark Registration Process in India are given below:

The Steps involved in the Trademark Registration Process in India are given below:

·Search the Trademark Database
 

Time to complete: 2 working hours

Cost: Free

Procedure: The main objective for Trademark search is to,

  • Search for a unique name
  • Check its availability by conducting a preliminary search
  • Ensure that no other domains are using the same name.
  • Identify the class of the trademark

A Trademark search can be carried by either of the following:

Government based online search portal

A trademark search can be conducted in India on the Indian trademark registries website of IPindia 

Free Public search portal

You can conduct a quick search using our trademark search on Quickcompany.

Filing of TM-A Form

Time to Complete: 3 days

Cost: Rs. 4500 (for individuals) or Rs.9000 (for companies) per application per class

Procedure: To register a trademark online, following information is required:

  • Applicant’s Personal Details
  • Company’s Details
  • Date of First Use
  • Goods and Services to be registered
  • Power Of Attorney
  • Trademark or Logo Copy
  • Board Resolution

TM – A form is filled with a prescribed government fee.

Immediately after submitting the application with Trademark Registry, an acknowledgment slip with the Trademark Application number is issued, which helps to track registration status.

The applicant can use the symbol ‘TM’ until the trademark approved. A single trademark application can be filed for one or multi-class.

Issue of Examination Report

Time to Complete: 3 to 6 months

Cost: Free, but chargeable in case of an objection

Procedure: The claim to the trademark applied for is questioned.

 The Trademark examiner checks the trademark applications in accordance with the provisions of Trademark Act.There are two possibilities:

No Objection:

If the government has no objection to the trademark in its examination report, then

  • Letter of Acceptance (TLA order) is issued
  • An advertisement will be placed in the Trade Marks Journal.

An Objection:

The government could raise objections for a variety of reasons:

  • Relative grounds
  • Absolute grounds

However, the objection can be challenged by furnishing a proper response or by presenting evidence of the distinctiveness of the trademark. Also, an interview with the examiner may be posted.

On withdrawal of the objection, it will then publish an advertisement in the Trade Marks Journal.

Advertisement in TM Journal

Time to Complete: 3 to 6 months

Cost: Free, but chargeable in case of opposition

Procedure: On approval in the examination report, it is advertised in a Trade Marks Journal for public viewing.

There are two possibilities, anyone from the public can,

Oppose

Both the parties will be given an opportunity of being heard in case of Opposition of a trademark.

Not opposed

In case of non-opposition within 4 months of its publication, the trademark registration certificate will be issued in 6 to 10 months.

Trademark Registration

Time to Complete: Up to 9 months

Cost: Does not apply

Procedure: After advertisement, a trademark is either,

  • Registered within 9 months of the advertisement
  • In a case of an opposition, 9 months after the Registrar rules in your favour.

A registered trademark is valid for 10 years at a time and is renewable indefinitely.

Use your Trademark

Time to Complete: Does not apply

Cost: Does not apply

Procedure: Issue of Certificate of registration takes about 2 years. It grants:

  • An exclusive right to use
  • To use ® symbol instead of the provision ™ mark.

Click here to Register a Trademark Today

 
100% Online
 
No Hidden Charges
 
Track Your Order

Trademark


Search Report

Check availability of Trademark
Free Report