ALL YOU NEED TO KNOW ABOUT TRADEMARK REGISTARTION PROCESS
Many people who seek to register their trademarks, assume that trademarks can be registered in a span of few days. But one should know the difference between applying for a registration of a trademark and the actual registration of a trademark. Trademark registration involves few stages as shown in the image and the entire process may take between 7 months to 2 years depending on the mark subjected to registration. A proper search conducted before the registry and a simple research before filing the application may help a person to avoid objection/opposition stages. Following are the various stages of a trademark registration: 1. Conducting search in the Registry: Though this is not part of the trademark registration process, it is advisable to do a detailed search before applying for a trademark registration. Conducting search in the registry enables a person to identify similar marks that are already registered or awaiting registration. This is always advisable to avoid objections and oppositions. 2. Preparation of documents : Trademark Application can be filed by any individual / legal entity (owner of the trademark) or through an Attorney or a Trademark agent. One need to submit the Trademark Application in Form – TM A. In case of submission through Attorney or Agent, one need to give power of attorney to the authorized Attorney or agent as the case may be 3. Filing of Application : Trademark Application can be filed either online or offline mode. 4. Objections : After filing of Application, the Registry may raise objections if any in relation to the Application. Once the examination report is received, one should reply for the same in writing within a period of 30 days. If the registry is not satisfied with the reply, A show-cause hearing will be posted for the same. 5. Journal publication After the registry accepts the mark after the objection stage, the mark will be published in the trademark journal and kept open for a period of 6 months. 6. Opposition People holding similar trademarks can file their opposition if any to the mark in the period of 6 months stated above, in prescribed form along with the payment of prescribed fee. If an opposition is received, the Applicant should file suitable reply and contest the same. 7. Completion The certificate of registration of trademark will be issued after the successful completion of all the above process. The said certificate is valid for a period of 10 year and can be renewed upon filing of prescribed form and payment of prescribed fee. Before approaching a professional for a trademark, one should be aware of the entire process of registration of trademark and ensure necessary follow up to meet the timelines in each stages.
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