Conduct Trademark Search

The first step is to search the TM registry to ensure the availability of your mark. It is very important to ensure that the intended trade mark is not identical to any other mark which is already registered.

Select the Appropriate Class for your business

There are 45 classes in the TM registry bifurcated based on products and services. Select the appropriate class that is best suitable for your business. It may be multiple classes as well.

File the Application with the Department – Get TM Acknowledgement

A trademark registration form (Form TM – A) has to be filed with the TM Registrar in the prescribed manner along with the requisite fees. Then, the registry will allot an application allotment number, usually within one or two working days.

Verification

Then the verification of the application will start. It will be forwarded to an Examiner in the TM Registrar Office. The examiner will review the application for correctness and if satisfied, will either accept the application or issue the examination report.

Objection

Based on the examination report, the applicant has to file a reply to the examination report to defend the application. If the reply is found satisfactory by the examiner they shall accept the application or they call for a hearing

Appear for Hearing before the Office / Registrar

If the application is objected the applicant/ attorney can appear before the Trademark Hearing Officer to address the objections raised by the respective officer.

Acceptance

Once all the compliances are satisfied and the application is accepted by the registrar, the applied mark will be published in the registrar’s Trademark Journal.

Opposition

During the process of registration of a trade mark, the mark is published in the trademark journal for the general public to be made aware of. If, upon such publication, any person is of the opinion that registration of the mark is in any manner injurious to his/her existing brand, they may oppose the registration of the trade mark. This is done by way of a notice of opposition. 

Opposition Process

Once the notice of opposition is received, a reply to the notice has to be filed within a period of two months of receipt, failing which the trade mark may be treated as abandoned. The reply to the notice of opposition is done by way of filing a ‘counter statement’. The broad steps are as below:

Step 1: Filing of Counter Statement (within 2 months of receipt of notice of opposition)

Step 2: Filing of evidence and affidavit to support counter statement

Step 3: If required, a Rejoinder needs to be filed

Step 4: TM Registry conducts hearing proceedings to determine the opposition.