Procedure of Registration and Protection of Trademark in India
Trademark Registration in India
A trademark is a distinctive sign, logo, word, or symbol used by a business to identify its goods or services and distinguish them from others.
Procedure for Trademark Registration
1. Trademark Search (Optional but Recommended)
Before applying, conduct a trademark search to check if a similar or identical mark already exists.
This helps avoid rejection due to conflicts.
2. Filing the Application
File the application online or at the Trademark Registry Office.
Application must include:
Applicant’s details (individual or company)
Trademark (logo, word, symbol, etc.)
Goods/services classification (based on NICE Classification)
Proof of use (if applicable)
3. Examination of Application
The Trademark Registrar examines the application for:
Distinctiveness
Similarity with existing trademarks
Compliance with legal requirements
The Registrar issues an Examination Report with objections (if any).
4. Response to Objections
Applicant must respond to objections within 1 month (extendable by 1 month).
Responses can include arguments, evidence of use, or amendments.
5. Publication in Trademark Journal
If the application clears examination, it is published in the Trademark Journal.
This allows the public to oppose the registration within 4 months if they believe it infringes their rights.
6. Opposition Proceedings (If Any)
If an opposition is filed, a hearing is conducted.
The Registrar decides whether to accept or refuse the trademark based on arguments.
7. Registration and Certificate Issuance
If no opposition or opposition is decided in favor of the applicant, the trademark is registered.
A Certificate of Registration is issued.
The trademark is valid for 10 years from the date of application.
Protection of Trademark
Trademark owners have the exclusive right to use the mark.
They can prevent unauthorized use by others.
The trademark can be renewed indefinitely every 10 years.
Trademark infringement can be challenged through civil and criminal proceedings.
Summary Timeline
| Step | Approximate Duration |
|---|---|
| Filing Application | Immediate |
| Examination | 6-8 months |
| Publication | 4 months (for opposition) |
| Opposition (if any) | Up to 6 months |
| Registration Certificate | After successful completion |
RELATED Blog
0 comments