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Stages Involved in Trademark Registration

“Value of a Trade Mark is directly proportional to your Aggression and Risk Ratio.                                         ― Kalyan C. Kankanala, Fun IP, Fundamentals of Intellectual Property 

Trademark Registration Process in India is a process of securing the Company’s or Individual’s Identity, mark i.e Name, Logo, Wordmark, Slogan, Slangs or any other words which distinguish it from other existing businesses and provide them the right against infringement or unauthorized use of their trademark.

There are a series of cautionary measures that are required to be taken to get the same registered but the steps are as follows irrespective of the form of Trademark.

Stipples chase Trademark Registration Procedure
From the Filing of Trademark Registration application to the Trademark Office, the application has to go through the steps below
Step 1: Trademark Search
Even Before the filing of a trademark application, it is pertinent to search the availability of the proposed trademark which helps in avoiding unnecessary legal proceedings. It is important to note that the Brand name or word should not resemble with existing Trademark. Application as per suitable class should be made to justify the operation of business and application made.
Step 2: Trademark Application
Once the Trademark class and product are finalized the trademark application may be filed with the trademark office in such form as may be prescribed (online or offline). The trademark application is made in form TM-A along with the prescribed fees. Application of trademark should be done by a registered trademark attorney or agent.
Step 3: Trademark Examination
Once the application is received by the department it scrutinizes the application and checks all the details mentioned therein and sees if all the details are in adherence to the trademark act. The time frame for the trademark registration is between 6-9 months from the date of application. Once the application is verified the department issues an examination report or either raise the objection and passes it on to the next stage.
Step 4: Reply to objection
Once the application is filed the trademark offices examine the brand name and see if there is a resemblance with another trademark. The office raises the objection under section 9 or 11 which is required to be replied to within a time limit of 30 days from the date of objection.
Step 5: Advertisement in Trademark Journal 
Once the above stage is cleared the department issues the advertisement in Trademark Journal which is opened to the public for objection or opposition in case of resemblance or similar identity. Any person who believes that the registration certificate should not be issued based on the valid ground may file the opposition to the trademark office. After that, the matter is taken to hearing and the same is required to be attended by the applicant.
Step 6: Trademark Registration Certificate
Once the above steps are clear the trademark officer issue the registration certificate to the applicant. However following outcomes are also possible after the above steps:
Rejection, if the opposition is valid.
Abandoned, if an objection is not replied to within the due time frame.
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