Tuesday, July 19, 2011

Trademark Registration in India

Following stages are ordinarily encountered while registering a trademark in India:
1. Filing of trademark application in India and issuance of fee receipt with application number
2. Issuance of official acknowledgement ordinarily within 30 days
3. Issuance of Official letter with objections, if any
4. Replying to official letter within 1 month
5. Hearing, if required
6. Provisional acceptance of trademark application subject to advertisement in Journal for inviting oppositions
7. Advertisement in the Indian trademark Journal
8. Opposition, if any, within 3+1 months from date of publication of the application
9. Registration of Trademark, if no opposition if filed or is set aside
10. Issuance of Registration Certificate

Express Examination of Application
Indian Trademarks law allows express examination of the trademark application on filing of additional official fee along with a declaration stating the reason for such request. Within 3 months from the date of request the Registrar shall issue an Examination report.

Advertisement of Trademark Application
After the trademark application has been provisionally accepted by the Registrar of the Trademarks, the application shall be advertised in the Indian Trademarks Journal inviting opposition from public to the trademark.

Trademark Opposition
After publication of the trademark in the Indian Trademarks Journal, the trade mark remains open to opposition by public for a period of 3 months, further extendable for a period of 1 month upon prior request.
On filing of notice of opposition the application shall not proceed towards registration until the opposition is set aside.

Registration of Trademark
If there is no opposition against the registration of the trademark application or the opposition proceedings have been decided in favour of the Applicant, the Trade Marks Registry shall accept the trademark and issue a registration certificate to that effect.

Term of Registration & Renewal
The duration of registration of a trademark is 10 years from the date of filing of application in India and is further renewable for every 10 years thereafter.

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