a. TM Search: it helps pre-empt trademark litigation by letting us know if there are similar trademarks in the registry.

b. Filing TM Application: the next step is to find a trademark application at the Trademark Registry India. Once the application is filed, a receipt is provided for future reference.

c. Examination: after the trademark application is filed, it is examined by the examiner for any discrepancies. The process of examination may take between 12-18 months. The examiner may accept the trademark absolutely, conditionally or object.

If accepted absolutely, the trademark will be published in the Trademarks Journal. Conditional acceptance will be based on any changes as required by the examiner in the examination report, and a month’s time will be provided to respond to the examination report.

On the said response being accepted, the said trademark will be published in the Trademark Journal. In case the response is not accepted, the applicant can request a hearing post which, if the examiner feels the said trademark deserves registration, it will then publish the said trademark in the journal.

d. Publication: this step is essential so that if any third party has an objection in the registration of the applied trademark, they can raise said objections. In case of such objections raised, a fair hearing is conducted wherein the Registrar makes the final decision. If no such objection is raised within 3-4 of publication, the trademark proceeds to registration.

e. Registration Certificate: Once the application proceeds for trademark registration, following publication in Trademark Journal, a registration certificate under the Trademark Office’s seal is issued.

f. Renewal: A trademark can be renewed perpetually every 10 years.

CategoryTrademark

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