Trademark registration can be obtained for words, logo, numerals, slogan, device and more in India. Trademark registration provides legal right of exclusivity for use of the mark to the owner of the trademark. Trademark registration is however a long process involving multiple steps. In this article we cover the trademark registration process in India. After conducting trademark search, trademark can be registered by following the procedure laid down in The Trademarks,1999.
Upon filing of the application, the registry issues an official receipt mentioning the filing date and number allotted to the application. The application is then formally examined by the Indian Trade Marks Office, wherein its similarity (if any) with the existing trademarks is checked. If an objection to registration is raised, an official examination report will be issued. A written response or evidence of acquired distinctiveness is an essential in such a situation to overcome the situation. The applicant may be asked by the registrar to file an affidavit testifying to such user with exhibits showing the mark as used.
If the trade mark application is considered allowable, a Letter of Acceptance will be issued, after which the trademark will be published in the Trade Marks Journal. If there are no oppositions within 4 months from the date of advertisement in the Trade Marks Journal, then the Trademark will be considered as registered and certificate will be issued.
It is a tedious process and it takes around 18-24 months to obtain registration in an obstruction less case. Once the trademark is registered, it is valid for a period of 10 years from the date of application. Registration can be renewed in every ten years.
Our expers can acquanit you with such complex procedures and assist you with the same.