PROCEDURE FOR TRADEMARK REGISTRATION IN INDIA

1. Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999)

a. Name of the Applicant

b. Nature of the Business

c. Address of the Applicant

d. Description of the Trademark-

• Word mark

• Device mark

e. Description of the Goods or Services

f. Classification of the Goods or Services-

• NICE Classification

g. User date-

• Date of Adoption of the Trademark

• Proposed to be used

2. Examination of Trademark Application

• In this stage, the Examiner in the Trademark Registry will examine the application.

• If any requirements under the law are not fulfilled, then the Examiner will object to the application and the Counsel for the applicant will make a reply to the objection.

• If the requirements under the law are fulfilled, then the same will be sent directly to the Acceptance/Refusal stage

3. Reply to Objection of Trademark Examination

• The Counsel for the trademark applicant will make a reply to the Examiner

4. Acceptance/ Refusal of Trademark

• If the Examiner approves the application, then the application goes to the next stage

• If the Examiner does not approve the application, then the same will go for hearing

5. Advertisement in Trademark Journal

• Once the trademark is approved, the same will be advertised in the Trademark Journal.

• The advertisement in the Trademark Journal will remain open for 4 months in respect of opposition procedure

6. Opposition of Trademark

• If any accepted trademark which is already advertised in the Trademark Journal appears to be deceptively similar to any other trademark, then the trademark owner of the latter can apply for an opposition.

• If the opposed trademark application is decided in favor of the opponent, then the trademark gets cancelled or removed. On the other hand, the same decided in favor of the applicant, the trademark goes for registration

7. Registration of Trademark

• If the accepted trademark is not opposed during the advertisement for 4 months, then it will proceed for trademark registration

8. Renewal of Trademark

• Once the trademark is registered, it is valid for 10 years, but the trademark must be renewed on the 10th year by paying renewal fees