Trademark Registration Process in India

Before applying for trademark registration, it is advisable to perform a trademark search to ensure that the trademark is not already registered or pending registration.

• Online Search: You can search for existing trademarks using the Trademark Search Tool available on the official website of the Controller General of Patents, Designs, and Trademarks.
• Trademark Search Report: You can also get a professional search report from a trademark attorney to avoid conflicts and ensure your trademark is unique.

Once you are sure that your trademark is available for registration, the next step is to file a trademark application. This can be done online through the official website of the Intellectual Property India or by visiting the office in person.

Steps for Filing:

• Applicant Details: Provide the details of the applicant (individual, company, partnership, or LLP).
• Trademark Details: Describe the trademark you wish to register (logo, name, label, word, etc.).
• Class of Goods/Services: Specify the class(es) of goods or services under which your trademark falls. The Indian Trademark Classification System includes 45 different classes.
• Class 1 to Class 34: Relate to goods (e.g., Class 9 for electronics, Class 25 for clothing).
• Class 35 to Class 45: Relate to services (e.g., Class 35 for advertising, Class 41 for education services).
• Trademark Representation: Upload the trademark logo or design if applicable.
• Form: Fill out Form TM-A for the registration of a trademark.

Once your application is filed, it will be examined by the Trademark Examiner. The examiner checks whether the trademark meets all legal requirements and is not similar to any existing trademarks.

• Objections (if any): If there are any objections, the examiner will issue an Examination Report. You will have the opportunity to respond to the objections within a stipulated time (usually 30 days).
• Hearing: If the objections are not resolved through written communication, a hearing may be scheduled. A hearing officer will review your case and decide on the trademark registration.

If the trademark examiner does not raise any objections or the objections are resolved successfully, the trademark is published in the Trademark Journal.

• Publication: Your trademark will be published in the Trademark Journal for a period of 4 months. During this time, third parties can oppose the trademark registration if they believe it conflicts with their rights.
• Opposition: If no opposition is filed during the 4-month period, the trademark proceeds to registration. If there is an opposition, the case will be heard by the Registrar.

If no objections or opposition are raised, the trademark is registered. A registration certificate will be issued by the Registrar of Trademarks, which includes:

• The trademark registration number.
• The date of registration.
• The name of the trademark owner.

Once your trademark is successfully registered, the Trademark Registration Certificate is issued by the Indian Trademark Office.

• Validity: The trademark registration is valid for 10 years from the date of filing the application.
• Renewal: You can renew your trademark after 10 years by filing a renewal application. It can be renewed indefinitely for successive 10-year periods.