The trademark Registration process starts with application filing and goes through the
following steps:
1. Trademark Application Filing
a. Identify the Trademark (Word or Device)
b. Decide Trademark Class
c. Define Class Description to cover Products / Services
d. Documentation and Authorization
e. Trademark Application Filing
f. Use ‘TM’ with Trademark
2. Trademark Examination
Registry will examine the application to confirm the registrability of trademark. If the trademark is acceptable for registration, the registry will proceed with advertisement as Step 4 below.
If the applied trademark is not acceptable due to any technical reasons or if the application is defective, the registry will issue an examination report detailing the
reasons for rejection.
3. Reply to Examination Report.
Once the registrar issues the trademark examination report with a reason for
objection, the applicant must file the reply with their contentions and submissions
within 30 days of issue of report. If the reply is acceptable to the registrar, the registry will proceed with advertisement as Step 5 below.
If the reply is not acceptable to the registrar, the application will be marked for
showcause hearing.
4. Show Cause Hearing
The applicant will have an opportunity to produce supporting evidence as to the use
of trademark during showcase hearing. After the hearing, if the registrar is satisfied with the submissions and arguments as to the uniqueness of trademark, the registry will proceed with advertisement as Step 4 below.
5. Advertisement in Trademark Journal
Once trademark application is accepted, the mark will be advertised in the trademark journal. If anyone interested to oppose the application can file opposition to the trademark registration with in 4 months of advertisement.
6. Trademark Opposition Process
Any party interested to oppose the trademark registration can initiate an opposition process by issue of a notice of opposition. Trademark opposition process has following stages:
a. Notice by Opponent
b. Counter by Applicant
c. Evidence Affidavit by Opponent
d. Evidence in Reply by Applicant
e. Opposition Hearing
7. Trademark Registration Certificate
If there is no opposition to the application within 4 months of advertisement, the registrar will issue the trademark registration certificate.
Once a Trademark is registered, the registration is valid for 10 years from the date of application. To keep the continuity of registration valid, the registered trademark must be renewed in every 10 years. The trademark will be valid as long as it is renewed in time regularly.
