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1. Trademark Search: Before filing a trademark application, it’s essential to conduct a thorough search in the Indian Trademark Registry database. This search is to ensure that the proposed trademark is not similar or identical to any existing registered trademarks. This step helps in ascertaining the uniqueness of the mark and reduces the chances of objection or opposition.
2. Filing Trademark Application: Once the search is completed, the next step is to file a trademark application with the Indian Trademark Registry. This can be done online or offline. The application should include the trademark, the goods/services it will represent, and the applicant’s details. A government fee is required at the time of filing.
3. Examination: After the application is filed, it is examined by the Trademark Registrar. The examination involves checking for any discrepancies and ensuring compliance with the requirements of the Trademark Act. If the Registrar finds any issues with the compliance or resemblance with the existed trademarks, an examination report is issued, and the applicant must respond to the objections within a stipulated time frame.
4. Hearing: If Trademark registry finds any issue even after responding to the Examination, the hearing will be scheduled to hear the applicant in person.
5. Publication in the Trademark Journal: If the application is accepted, either outright or after responding to objections or after hearing, the trademark is published in the Indian Trademark Journal. This publication is to invite the public to file any opposition against the registration of the mark. After the trademark is published in the journal, there is a period of 4 months where third parties can oppose the trademark registration.
6. Trademark Registration: If there is no opposition within 4 months of publication, the trademark proceeds to registration. The Registrar then issues a Registration Certificate with the trademark seal, confirming the trademark’s registration.
7. Renewal: A registered trademark in India has a validity of 10 years from the date of filing, which can be renewed indefinitely for subsequent periods of 10 years each. The renewal process involves paying the prescribed renewal fees.