Trademark Registration Procedure
STEP 1: Trademark Search:
A Trademark search is the first step in the Trademark registration procedure. A search is to be conducted in order to determine the uniqueness of the mark, and its similarity to other, pre-existing marks. It is very much advisable to conduct a Trademark search before registering or using a Trademark. Without a search, there are chances for being sued for Trademark infringement, the rejection of the Trademark application, and a third-party challenging the Trademark application.
STEP 2: Filing of Trademark Registration Application:
The second step in the Trademark registration procedure is filing of Trademark registration application after getting the positive search report. After receiving of the acknowledgement the applicant can use the symbol TM alongwith the applied mark. If the application for the registration of Trademark filed through efiling system of Trademark registration than the acknowledgement of the application alongwith the government receipt generate immediately after the filing. If the application for the registration filed manually than the acknowledgement provided only after 15-20 days.
STEP 3: Examination of Trademark Registration Application:
Third step in the Trademark registration procedure is issuance of examination report by the Trademark office. Upon receipt of Trademark registration application, the Registrar issues an examination report after examining the application. Applications are examined to ensure that they comply with the requirements of the law and that they do not conflict with marks which are already registered, or which are the subjects of earlier pending applications.
STEP 4: Publication of Mark in Trademark Journal:
Fourth step in the Trademark registration procedure is the publication of the mark in the Trademark journal. If the Registrar consider the mark as a distinctive mark or after the removal of the objections, if any, raised by the Registrar he may cause the application to be advertised in Trademark journal. If no opposition to the mark is filed within 90 days from the date of publication, or 120 days if request for extension of time is given to the opponent and opposition is refused, mark proceeds for the acceptance of Registration.
STEP 5: Trademark Registration:
Fifth step in the Trademark registration procedure is the issuance of Trademark registration certificate. After the application for Registration of Trademark is accepted by the Registrar, the Registrar shall issue to the applicant a Certificate of Registration under the seal of the Trademark Registry.
If there is no objection and /or opposition raised, the process of Registration of Trademark usually takes 15 to 18 months.