TradeMark Registration

A trademark is a type of intellectual property consisting of name, word, label, device or numeric characters utilized by business to differentiate its goods and services from other similar goods and services of a different business. It is an untouchable asset when once it registered.

Trade Mark Registration- step by step procedure.

1. Trade Mark searches

Searching for trademark is an important task. It is difficult to take unique trademark , there are lots of trademarks available. And it should not be neither similar, nor identical to another.

2. Application for TradeMark registration

You can file the application (Form TM- A) either by online through the official IP India website or by physically at the Trade Marks Office. You also need to submit multiple supporting documents and user affidavit (if needed) along with the application.

3. Government authority’s examination

A mandatory examination report issued by the examiner after the examination of trademark application in consonance with the guidelines of the Trade Marks Act 2016.

4. Reply to the Report

Within a period of 30 days, you need to file a reply to the examination report.

5. Post Examination

A post Examination process – a hearing will conduct by the Trade Marks Authority (if the examiner is not satisfied by the filed reply or any kind of objection).
After the said hearing the authority will decide whether the application forward for publication or reject.

6. Publishing of Trade Mark

When the application has been accepted, the trademark is advertised and published in the Trade Marks Journal for a period of 4 months.

7. Opposition from public

If there any person file notice against advertised trademark through Form TM- within the period of 4 months of the publication. In case, the application is objected then the due process of law has to be followed.

8. TradeMark Registration

Once the objections and oppositions over , then the trademark is issued an auto generated registration certificate within 1 week time.

After the process of registration complete, it is valid for a period of 10 years and after the period, it would be required to be renewed within a prescribed time period.