Trademark Registration Process in India

 The first phase is to decide the brand name based on your business strategy, business focus,
customer segment, presence in a field, past record, nature of product, market mix etc.

 In the second phase a trademark search is conducted to see if the pre-decided name is already
in use? Also to make sure if the pre-decided name is previously registered with the trademark
office by any other party, and another objective of the trademark search is to come to a
conclusion if the pre-selected term is a good trademark or not? The whole focus is to make sure
that the trademark doesn’t have any deceptive similarity with existing brands/registered
trademarks to avoid any confusion among customers, and the process of registering the
trademark is as smooth as possible.

 The third phase is preparation of the trademark application which includes details of the
applicant, the nature of business, the visual representation of the trademark, legal arrangement
of the business such as, shop act/ a registered private limited company/ an association of
persons/LLP etc. A trademark application is filed for a trademark protection in a particular class
of the business. A single application can be made for registration of a trademark for different
classes of goods/services, however, the fee is payable for each of the class to be registered. The
filing fees for a single trademark in a single class is Rs 3,500/- (excluding the trademark
agent/attorney fees). Accordingly the fees for filing a trademark in two different classes should
be Rs 7000/- (excluding the trademark agent/attorney fees).

In the third on filing the application for a trademark registration, an application number is
allocated to the applicant. The application is kept in the records of the trademark office in
accordance with the norms led down by the trademark act.

 The fourth phase examination and dispatch of the examination report. The fourth phase
includes the examination of the trademark application by the examiner allocated by the
trademark office. The trademark application is either accepted or objected by the examiner. In
case of acceptance, the trademark application is forwarded to the next phase.

In case of objection in the third phase from examiner’s side, show cause hearing is arranged by
the examiner where the applicant can put forth his sensible arguments. On hearing, the
trademark examiner may either accept the arguments, and allow the application, or the
examiner may refuse the application for trademark registration.

The fourth phase is about publication and opposition (if any): In the fourth phase, the
trademark is advertised in the official journal of the trademark office that is freely available on
the web portal of the trademark office. The trademarks published in the trademark journal are
open to public for opposition from any person interested. Any person may, within three months
from the date of the advertisement, not exceeding one month in aggregate, give notice of
 opposition to the registration, in writing in the prescribed manner to the registrar of
trademarks.

In case of any opposition, the opposition is fixed on hearing and on production of relevant
evidences. The judgement is delivered on the basis of the merits of the case. It is to be noted
that the hearing are taken by hearing officers. If the application is allowed, then the application
proceeds for the next step of registration. The application is refused, if the opposition is
allowed. The applicant, on refusal, may appeal to the IPAB (Intellectual Property Appellate
Board)

 The fifth and last phase includes issue of registration certificate and renewal of the trademark
from time to time. An accepted application the registrar registers the application if there is no
opposition or the opposition is decided in favour of the applicant. The date of submission of the
application is deemed to be the date of registration of the trademark. The time duration for
registration of a trademark in a first instance is for 10 years which is renewable. The registrar of
trademarks may remove the trademark from the register if it is not renewed before the date of
expiration.