Hello Auditor

What happens after a successful hearing?

Registrar’s Decision

  • After the hearing, the Registrar evaluates the oral arguments and submitted documents.
  • If satisfied, the Registrar issues an order of acceptance for the trademark application.
  • The order is recorded in the official database of the Trade Marks Registry.
  • The application status is updated on the IP India portal as “Accepted & Advertised.”

Publication in Trademark Journal

  • The accepted trademark is published in the Trademark Journal for public notice.
  • This publication is done to invite any potential opposition from third parties.
  • The journal entry includes the mark, applicant details, and class of goods/services.
  • The publication starts the opposition window of four months.

Opposition Period

  • During the four-month period from journal publication, any third party can file a Notice of Opposition.
  • If no opposition is filed, the application proceeds directly to registration.
  • If opposition is filed, the matter moves into an adversarial proceeding for resolution.
  • The applicant must defend their mark if opposed, through written submissions and hearings.

Registration of the Trademark

  • If no opposition arises or if the opposition is resolved in the applicant’s favor, the trademark is registered.
  • A Registration Certificate is issued by the Trade Marks Registry.
  • The status changes to “Registered” and the applicant gains exclusive rights over the mark.
  • The trademark is then protected under the Trade Marks Act, 1999 for ten years.

Post-Registration Obligations

  • The registered trademark must be renewed every 10 years to maintain protection.
  • The mark must be used actively in trade to prevent cancellation due to non-use.
  • The owner can initiate infringement proceedings against unauthorized users.
  • Any changes in ownership or assignment must be updated with the Registry through appropriate filings.

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *