Registration process of trademark in India

A trademark is basically a sign, symbol, word, or phrase used by the businesses to identify and distinguish its products or services from those of other proprietor’s goods and services. Trademarks are helpful to consumers in identifying and choosing products or services based on their quality, reputation, and source. Trademark includes logos (device), brand names, slogans, and even distinctive packaging or product designs. It could be a combination of two or more than two words, which are supposed to be read as one single word.

Several steps involve in order to register a Trademark in the country, which firstly includes conducting a public search to ensure the selected trademark is distinct, unique and not already in use by anyone else. Here is a brief breakdown of the registration process of a Trademark:

1. Trademark Search:

The first and foremost step in the whole Trademark registration process is to conduct a thorough and deed research in the trademark database in order to check and ensure if there's any existing trademarks that are identical, similar or slightly similar to the proposed trademark. This is one of the most crucial steps that helps to avoid potential mishaps, conflicts, and objections during the registration process.

2. Filing of the Trademark Application:

A draft must be prepared and trademark application shall be filed with the Trademarks Registry. The whole registration process can be done either online or offline through an application. The Trademark application should include small as well as big details such as the applicant's and proprietor’s information, representation of the trademark i.e. the device or word, and the goods or services the concerned Mark will be used for for selection of class.

3. Examination of the Trademark:

Examination of the Trademark is the third step in the whole process, in this step the application of the concerned undergoes examination by the registrar in order to ensure that the mark meets the legal requirements and has the distinctiveness as the main feature of the trademark. If any objections are raised by the registrar, the applicant is usually given a time period to respond and address those objections.

4. Publication:

When a trademark receives a yes from the office of trademark registry, that the particular mark is eligible to be registered, then the mark is published in the journal, as a notification for others in order to let them know about the mark and now that the owner of the mark will have the exclusive right over it.

5. Registration:

The most important step in the whole process is registering the Trademark. If no objection or oppositions are received or defendant clears all the objections within the stipulated timeframe, then the registration process will be given a green signal from the office of trademark registry. The owner of the particular trademark will now have an exclusive right to use the concerned Trademark.

6. Renewal:

A Trademark that has been registered is valid for ten years from the date of filing and can be renewed indefinitely for successive periods of ten years which gives the owner and exclusive right to use it. With this process no one can counterfeit your goods or services.

Why do you need a Trademark Attorney for the registration and protection of your Trademark?

• Trademark attorneys have specialized knowledge and expertise in the field of Intellectual Property Law.
• A Trademark Attorney knows how to conduct thorough trademark searches (public search) in order to ensure that the proposed trademark is available for registration and not infringing the rights of existing trademarks.
• Trademark Lawyers have knowledge and experience for providing guidance on selecting a strong and distinctive trademark that has more chances of getting registered.
• They understand the complexities of the trademark registration process, how to tackle them efficiently and can navigate through the whole process, saving you time and effort. Trademark Lawyers in Delhi can draft and file trademark applications accurately and effectively, without being a reason to worry, they minimize the risk of rejection or objections from the trademark registration office.

How does anyone track the status of trademark that I had applied in India?

For tracking the status of a trademark application in India, one must visit the official website of the Intellectual Property India (IPI).

How does anyone see or check trademark examination report?

One can check the trademark examination report by logging into the IPI website and then click on your trademark application status and then on examination report at the right side.

How can anyone check the current status of trademark registration?

In order to check the current status of the applied trademark, one should visit the IPI website, use the Trademark Public Search tool, and enter the trademark details. The registration status will be displayed.

How to find out the exact date when a trademark expires?

To find out the exact date when a trademark expires in India, refer to the registration certificate issued by the IPI. It will include the expiration date of the trademark.

How to withdraw the trademark application if it is still pending?

If you wish to withdraw a trademark application that is still pending in India, submit a formal request to the Trademark Office through the appropriate channels, indicating your intention to withdraw the application. You can ask your Trademark Attorney or Lawyer to simply do it on your behalf.

How do I check the jurisdiction of trademark in India?

To check the jurisdiction of a trademark in India, refer to the geographical area or territories specified in the trademark application or registration documents filed with the IPI.

What are the solutions for objected trademark status?

Solutions for objected trademark status include providing evidence or arguments to address the objections raised by the Trademark Office, amending the trademark application, or filing a response to the examination report explaining why the objections should be overcome.

What do you mean by your Trademark Application Status?

Your Trademark Application Status refers to the current stage of your trademark application process, including whether it is pending examination, publication, or registration, or if any objections have been raised by the Trademark Office.

Why should you hire your Trademark Attorney from LawChef?

LawChef has a team of Lawyers and Attorneys who are experienced in the field of Intellectual Property and have been working in trademark or copyright field for the past 10 years, with the Trademark Attorneys/lawyers by LawChef, you'll get top-notch advice for you brand entity starting from scratch, like whether the brand name or logo is the right choice for your business, the probability of success of the logo or brand name through public search and then sending notices to the counterfeiters. LawChef, for you is through thick and thin, from registration of Trademark to it's renewal. So, if you are looking for Trademark Attorney, LawChef is the one stop destination for you.