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List of documents needed for Trademark registration in India. Only the scanned copies of the documents is required
In India trademark application is to be filed with the Trademark Registry in the prescribed form along with the prescribed fees. The trademark application and the data entry of the application have been done in the database.
When the trademark application has been accepted by the examiner, then the status indicates that the trademark is ready to be assigned for publication in the journal, but some pending amendments from the applicant need attention.
The trademark application when published in the journal is opposed by a third party who is affected by the proposed mark. An immediate attention is needed by the applicant to resolve the opposition by submitting evidence in support of the application. If the Examiner is not convinced with the written response, a hearing is posted for allowing arguments to be put forth in person.
This status usually means that either the proposed trademark is ready to be published in the Trademark Journal or enlists the objection(if any). If there are some suggested modifications by the examiner that need to be done in the trademark application then they are mentioned in the Examination Report.
After examining the trademark application, the trademark examiner may raise one or more objections. These objections has to be overcome by submitting written responses or scheduling of hearing if Examiner is not satisfied with the written submissions.
It's not mandatory requirement to hire an attorney. You can initiate a trademark application on your own through the ipindia online portal. But it is advisable to hire a trademark attorney to avoid the potential pitfalls. Hiring an attorney for trademark to make the application 50% more likely to register.
Trademark Examination is a thorough preliminary checking of Trademark Application filed in TM-A which is conducted by the examiner. If the application is objected, an examination report is sent to the Applicant or published in its Official site.
The deadline to file Trademark objection reply or Examination report Reply is thirty days of the date of issuance of the report to the applicant or thirty days of viewing the objection status online
If a status shows that your application is objected it means that Examiner has raised a query based on Act requirements or procedural requirements. Once objected, the Examiner will issue an examination report to the applicant. However, filing a proper reply to the Examination report resolves the issue.
The main difference between Trademark Objection and Opposition is that Objection is raised at a preliminary stage of registration by the Examiner whereas; the Opposition is raised by any person who can get affected by the registration of Trademark.
Once the trademark application advertised in the trademark journal, It allows the third party to raise opposition to trademark application within 4 months from the date of publishing in trademark journal. In case of no opposition, the trademark registration certificate will be issued in approximately three months after the expiry of the opposition period.
Trademark Journal Publication is one of the important steps in the trademark registration process. Trademark journal publication is an official journal where all the trademark applications are getting published for inviting the public comments and oppositions if any.
Trademark opposition is essentially a legal challenge presenting rigorous objection to the registration of any filed trademark application on solid and justifiable grounds. It does not necessarily need to be filed by the registered proprietor of the mark; it could be a customer, purchaser or someone in the public likely to use the goods and not only representing himself, but also the public at large.