Details of the process of Trademark Filing in India

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You have a trademark – a logo, a brand name, a symbol, or a design - that has taken you years to build into a credible name, it is important to get the trademark registered. Trademark registration is important because it prevents others from stealing your hard work- remember the trademark is a valuable asset to your company. 

What is the process of Trademark Filing in India?

  1. Trademark Search that entails looking out or researching to find if a similar trademark is already in use or not. Often, trademark owners have stumbled upon alike trademarks being used or the applicant using a mark that already exists – this can lead to possible litigation. A trademark search helps avoid such a situation 
  2. Filing Trademark Filing in India is when you go ahead and file the application with the Trademark Registry, India. You can choose to apply online.
  3. An official examination of the application is done by the Examiner at the Trademark office. This can take anywhere between a year to a year-and-a-half. There could be objections raised, or the application can be partially accepted or wholly accepted. 
  4. When the application is accepted wholly, it is published in the Trademark Journal. The objective is to let everyone review the trademark and oppose it if they have some grounds to do so. If there are no objections, the trademark gets registered and the certificate is awarded.

If there are objections raised in the application by the examiner, the applicant gets time to revert on the objections. The same is the case for partial acceptance too. Only when the authorities are fully satisfied with the application and the answers, will they get the trademark published in the Trademark Journal.

Even though the process appears to be simple and uncomplicated, it is in your best interest that you get experienced trademark lawyers to handle the entire process on your behalf.

 

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