Trademark Registration Process in India

A TM application goes through a number of different steps before being registered example objection, examination, advertisement in Journal. The registration process can up to 2 years.

Every Trademark Application will go through the following steps.

Trademark Search 

Time: 2 hours 
Mandatory

Trademark Search allows the applicant to conduct a comprehensive search to check - 

  • Any Similar, Exact or Phonetic matches. 
  • Identical results from all trademark classes. 
  • Words with similar prefix, suffix or infix variations. 
  • Abbreviations and acronyms. 
You can use the Trademark Search Tool to do a free search. For more information Click Here

Trademark Application 

Time: 3 working days

The applicant needs to file TM–A form with all the required documents and registration fee to initiate the regsitration process. 

Once the application is submitted with the Trademark Registry, an acknowledgment slip with the Trademark Application number is generated to help the applicant track the registration process. 

The applicant can now use ‘TM’ along with the mark until it gets registered. The status of your application will reflect as New Application till all the details are entered in the Trademark Database. 

Examination Report 

Time: 3 to 6 months

After you have filed your Trademak Application, an Examiner in the IP India deparment will go through the application to the check for the following points.

  • Availability of the mark.
  • Infringing other similar trademark(s). 
  • False specifications of Goods and Services. 
  • Lack of distinctiveness. 
  • Incorrect details in the trademark application. 

Depending upon the above critera, the examiner can raise an objection.

Objection 

An examination report is issued to the applicant stating the reasons of objection. The applicant has to reply to the examination report within 30 days from the date of issuance.

If the examiner is satisfied with the reply, the mark gets published in the Trademark Journal. He can also call for a Hearing to decide the registration of the mark.

Advertisement in TM Journal

Time: 3 to 6 months 

On approval in the examination report, the mark is advertised in the Trade Marks Journal for public viewing for a period of 4 months.

There are possibilities that the mark gets an opposition by a third party.

In this case, both the parties get an opportunity to justify the registration of their mark to the Trademark Registrar.

In case of no-opposition, a trademark registration certificate is issued to the applicant within 6 to 12 months.

Trademark Registration Certificate 

Time: 6 to 12 months

On receipt of the Registration Certificate, the applicant can use the Trademark represented by ®. 

A registered trademark is valid for 10 years after which you need to renew its registration. 

 


Trademark


Search Report

Check availability of Trademark
Free Report