Trademark Registration Process

Overview: 

The trademark flowchart shows various stages a trademark application goes through during the registration process. It covers the stages from filing to registration to the prosecution process. In a nutshell, an application takes about 6-8 months to be registered. 

Detailed information to know about Trademark Registration:

  • Filing of the Application: Trademark Applications can be filed in single or multiple classes. To file under multiple classes, separate applications for each class have to be made. The applications cannot be combined. The application of trademark shall provide the applicant's details, nature of entity (Individual/MSME/Non-MSME), address, Goods/services description, user details if any claimed, supporting documents, etc. The application can either be filed online or manually. The fee will be different based on the mode of trademark application. 

Type of Applicant 4500 5000
E-Filing (Fees) 5000 Non-MSME
Manually Filing (Fees) MSME 9000
Individual Applicant 4500 10000
  • Issue of Application number: Upon filing the application, the registry will issue an application number, which will be used for future references and cited during the office actions and follow-up. The same application number will be issued as the registered number of the trademark when all the other formalities are duly completed. 

  • Formality Check: After accepting the application, the trademark registry will scrutinize the application to find errors such as wrong goods/service description, classes, payment of Govt. Fee, submission of necessary documents, etc. The Trademark Registry will conduct and issue the Preliminary Check report to ensure that the application is filed in a prescribed manner. Based on the report, the trademark status will be updated either as “FORMALITIES CHECK PASS” or “FORMALITIES CHECK FAIL.” In the case of “FORMALITIES CHECK FAIL,” the applicant or his authorized agent must comply with the requirements as stated by the trademark registry to ensure the application proceeds for the next stage towards the examination.

  • Examination: The examiner of the trademark will scrutinize the application to verify if the application is eligible for registration and within the guidelines as described under the Indian Trademark Act, 1999. In case of any objection, such are cited under Section 9 or Section 11 or both in the Examination Report. Section 9 is the absolute grounds for refusal and such objections are cited if the trademark office finds the trademark is a common word, descriptive, obscene, or against the guidelines of the Trademark Act. Section 11 is cited as the relative grounds to whether the mark applied for registration is visually or phonetically similar to any other trademark already applied or registered with the trademark office. Based on these examinations, the registry will issue the examination report seeking a reply from the trademark applicant. 

  • Reply to the examination report: The Applicant, upon receiving the examination report, will be required to file the reply with adequate grounds to support and validate the registration of the trademark. The reply to the examination report to be filed within 30 days from the date of issue of the examination report. If the applicant fails to file the trademark within the stipulated time then the trademark will be treated as abandoned. If the reply is within the satisfaction of the trademark examiner then the brand will be published in the trademark journal. In cases where the trademark examiner is not convinced with the reply or need more clarification then the applicant will be issued a show-cause notice to attend the hearing either in person or through his/her authorized agent. 

  • Hearing: The Registrar will fix a date of hearing, on which the applicant will have to appear before the examiner of trademarks. The applicant or his/her authorized agent will be given the opportunity to advance their arguments with supporting documents and citations. If any apprehension cited by the examiner is duly clarified the trademark will be accepted for publication. On the other hand, the trademark examiner may also refuse to grant the trademark registration. 

  • Publication: Trademark journal is published by the Indian Trademark office every Monday of the month. It publishes the details of the accepted trademark to invite any third-party opposition. The opposition by any third party shall be filed within four months from the date of publication. In case of no opposition, the trademark will get Registered.

  • Registration:  The trademark will be registered after the publication period with no opposition. The trademark owner will be issued the certificate of registration. 

  • Renewal:  The trademark registration is valid up to 10 years after which renewal should be filed.

Requirements to Register a Trademark Online

In order to register your trademark with us, please click the link below. You can also get in touch with us and our trademark expert will guide you through the process.