Trademark Registration In India
(Price Start at $ 24 /-)

An Indian trademark application progresses through several stages before registration, details of each such stages are mentioned hereinbelow

• Trademark Public Search (optional):Prior to filing an application, a trademark search can be conducted online through the official Trademarks Registry website to ascertain if any identical or similar marks exist in the register which may pose a conflict.

• Filing of an application: Upon confirming the absence of similar/identical trademarks, an application is filed for the specific class of goods or services associated with the mark. The application will be filed on a proposed to be used basis or with a proper user claim. The name and address of the Applicant is also required to be mentioned at this stage.

• Examination Report: Once the application is filed, the Trademarks Office examines the application within approximately three to six months from the filing date. Any objections raised typically relate to either Absolute Grounds (such as lack of distinctiveness or inability to distinguish goods/services) or Relative Grounds (similarities with existing trademarks). There have been certain instances when the Registry has also raised objections on technical grounds. If no objections are raised, the mark will be accepted to be advertised in the Trademarks Journal.

• Response to Examination Report: Upon receiving the examination report, the applicant has one month to respond; failure to do so leads to the application being considered abandoned. If the response satisfies the Trade Marks Office, the application moves toward advertisement. Alternatively, if further objections persist, the Trademarks Registry may list a show cause hearing in the matter.

• Advertisement: If the Examiner approves the response to objections, the trademark application will be published in the Trademarks Journal. This journal is weekly published on the official website of the Registry and features the advertised trademarks.

• Opposition Period: Once the mark is published in the Journal, the trademark remains open for third-party oppositions for four months. If no opposition is filed within this timeframe, the application proceeds toward registration.

• Registration & Renewal If no opposition is filed within four months from the date of advertisement in the Trade Marks Journal, the application will proceed towards registration. Accordingly, a Registration certificate will be issued in the name of the Applicant and the mark will be valid for the period of 10 years from the date of filing of the application. Such registration can be further renewed for another 10 years by filing a request and paying a requisite fee.

Time required to register a trademark in India:

The typical timeline for a direct trademark registration in India spans from 8 to 10 months starting from the application filing date. However, certain factors can extend both the duration and expenses involved in the registration process, such as:

• nature of objections raised by the Registry
• any hearings scheduled by the Registry and any subsequently filed written submissions;
• oppositions filed against the trademark by any third-party; or
• amendment applications filed by the applicant.