Trademark Registration Process

Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India. Trademark registration provides legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in India

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Trademark registration research.

Before beginning the trademark registration process, the entrepreneur or a trademark professional must conduct a trademark search of the trademark database.

Trademark Filing

Once a trademark search is completed, the application for trademark registration can be filed with the Trademark Registrar. The application for registration of trademark must be made in the prescribed manner and filed along with the fee for trademark registration. Trademark application can be filed at one of the five Trademark Registrar Office having jurisdiction over the State or online.

A trademark registration application must contain the following information:

  • Logo or the Trademark
  • Name and address of the trademark owner
  • Classification or Trademark Class
  • Trademark used since date
  • Description of the goods or services

Trademark Application Allotment

Once the Trademark registration application is filed with the Trademark Registrar, a trademark application allotment number is provided within one or two working days.

Vienna Codification

The Vienna Classification or Vienna Codification, established by the Vienna Agreement (1973), is an international classification of the figurative elements of marks. Once the trademark registration application is filed, the Trademark Registrar will apply the Vienna Classification to the trademark based on the figurative elements of marks. While this work is in progress, the trademark application status usually reflects as “Sent for Vienna Codification”.

Trademark Examination

Once Vienna Codification is completed, the trademark registration application will be allotted to a Trademark Officer in the Trademark Registrar Office. The Trademark Officer would then review the trademark application for correctness and issue a trademark examination report. The Trademark Officer has the ability to accept the trademark registration application and allow for trademark journal publication or object the trademark registration application.

Trademark Journal Publication

Once the trademark registration application is accepted by the Trademark Registrar, the proposed trademark is published in the Trademark Journal. The trademark journal is published weekly and contains all the trademarks that have been accepted by the Trademark Registrar. Once the trademark is published in the trademark journal, the public have an opportunity to object the trademark registration, if they believe they will be damaged by that registration. If there are no objections filed within 90 days of that publication, the mark will typically be registered within 12 weeks – months time.

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