Procedure of Filing of Trademark Application

Procedure of filing of the Trademark application

examination of the trademark, publication or advertisement of the trademark, opposition (objections) if raised/found, registration of the trademark, and renewal of the trademark every ten years are all steps in the process of getting a trademark registered. The steps involved are:

Step 1: To search for a trademark

When selecting a trademark, the applicant must exercise caution. Because there are so many various types of trademarks accessible, it is critical to conduct a public search on the Trade Marks Registry’s trademarks database to ensure that the trademark is original and that no other trademarks are similar or identical to his or hers.

The trademark search reveals all types of trademarks, both registered and unregistered, that are currently available on the market. The search also determines whether the applied trademark is in competition with other trademarks in the same class.

Step 2: To file the Trademark Application

The trademark registration application can be filed in a single-class or multi-class format, depending on the goods and services that the company provides.

The trademark registration application is Form TM- A, which can be filed electronically through the official IP India website or in person at the Trade Marks Office, depending on the trademark’s jurisdiction.

Multiple papers containing complete details of the trademark for which registration is sought must be submitted with the trademark registration application. Furthermore, if the applicant claims prior use of the trademark, a user affidavit supporting the use, as well as documentation of the prior use, must be filed.

Step 3: Examination of the trademark application by the government authority

After an exhaustive examination of the trademark application in accordance with the rules of the Trade Marks Act, 2016, the Examiner is required to issue an obligatory examination report following the filing of the trademark application.

The authority’s examination report may or may not reveal any objections, which can be absolute, relative, or procedural. The Trademark Authority issues this examination report within 30 days of the filing of the registration application.

Within 30 days of obtaining the examination report, a reaction to the report must be filed presenting the arguments and evidence against any objections to waive them off.

Step 4: Post-examination

If the Examiner (Trademark Authority) is not completely pleased with the reply filed or if the objections are not addressed, the Examiner (Trademark Authority) may schedule a hearing. After the hearing, the Examiner may accept the mark and then transmit the application to the journal for publication, or reject the application if any objections remain.

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