Filing of Application
- The process begins with the submission of Form TM-A along with the required documents and government fee.
- The application must include details like the applicant’s name, trademark, class of goods/services, and date of use.
- A unique application number is generated upon successful filing.
- This marks the official commencement of the trademark registration process.
Examination Stage
- The application is assigned to an examiner who reviews it for compliance with the Trade Marks Act, 1999.
- The examiner checks for distinctiveness, conflict with existing marks, and legal violations.
- An Examination Report is issued, which may accept the application or raise objections.
- The applicant must file a reply or attend a hearing if objections are raised.
Publication in Trademark Journal
- If accepted, the trademark is published in the Trademark Journal for public scrutiny.
- The journal publication triggers a four-month opposition period, during which third parties may object.
- If no opposition is filed, or if the opposition is resolved in favor of the applicant, the process proceeds to registration.
- This step provides transparency and opportunity for challenge to the public.
Opposition Proceedings (if applicable)
- If an opposition is filed, the applicant must submit a counter-statement within two months.
- Both parties may submit evidence and attend a hearing before the Registrar.
- The Registrar evaluates the case and issues a decision to accept or reject the application.
- If the application survives opposition, it proceeds to registration.
Registration and Post-Registration
- Upon successful completion of all prior stages, the mark is registered, and a Registration Certificate is issued.
- The trademark is protected for 10 years from the date of application.
- The owner must ensure timely renewal, proper use, and legal enforcement to maintain protection.
- Post-registration actions include renewals, assignments, licensing, and rectifications.
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