A draft manual of trade marks practice & procedure

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Trademark Registration Process

Step 1: Trademark research

In the initial stage, you need to do the proper research before selecting a trademarkfor your business. You need to identify the class and availability of the trademark with the registry.

Step 2: TM form filing

Once the uniqueness is achieved in mark, you need to file an application in form TM-A with the registrar for registration of a trademark with the requisite fee and documents. After filing the application, the company can use the symbol ‘TM’ until the trademark approved.

Step 3: Allotment of application number

After filing the trademark registration application with the Registrar, an application number will be generated which helps you to track the application status online.

Step 4: Examination of application

After trademark application filed at the trademark registrar office who has the jurisdiction over the state, trademark examiner check the trademark application in accordance with the provisions of Trademark Act. The registrar may accept or object the application on the relative or absolute grounds.

Step 5: Receipt of examination report

Once the trademark examiner reviews the application, an examination report issued by the registry. Usually, report would be issued within 3 months to 1 year depending on the back log of the registry.

Step 6: Reply to the examination report

Once you get the examination report, you need to file the reply with the registrar to escape the objection raised by the trademark examiner. You need to file the reply within30 days counted from the day of receiving the examination report. Non filing of the reply leads to abandon the trademark application.

Step 7: Advertisement of trademarks journal

If no objection is raised by the registrar the or in case of objection, satisfied with the reply, the trademark registrar will publish the mark in trademark journal. The filed trademark application is advertised in trademark journal to invite the public to oppose for the mark.

Step 8: Opposition (if any)

After publishing the trademark the third party have an opportunity to raise the objection within 90 days from the date of publication. If the third party opposed the trademark application then both the parties have the chance to appear at the hearing.

Step 9: Certificate of registration

When objections and oppositions (if any) are satisfied which are raised by the examiner or third party, then trademark registration certificate issued to the applicant. Registration of the trademark granting the exclusive use to the owner of the registered trademark. For registered trademark symbol ‘R’ has to be used.