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Rajesh Hazra (Mediator Mediation Counsel)     22 November 2011

Simple steps to trademark

A trademark is a sign that is used to identify certain goods and services as those produced or provided by a specific person or enterprise. Hence, it helps to distinguish those goods and services from similar ones provided by another.

 

Registration of the trademarks in India involves the following steps.

 

Search: It is desirable to conduct a Trade Mark search to ascertain the existence of prior registrations of identical marks.

 

Filing: Application for registration of your mark. After filing you can use TM for your mark.

 

Issue of Examination Report: After filing of the application and allotment of the application no. an examination report of a trademark application is issued by the office of the Registrar of trade marks. This examination report involves

Prior registered marks or pending applications

The registrability of the trademark

After the issuance of the examination report, the objections, if any, are removed by taking legal grounds, tendering evidence (if available) and arguments (Reply to the Examination Report).

 

Hearing before the Examiner (if any): In case the objections are not removed, a hearing is also demanded before the appropriate hearing officer in which arguments are heard and further evidence is tendered to the Examiner.

 

Amendment (If any): An amendment can be sought in order to correct clerical error Advertisement: After acceptance, an order is issued by the registry for the advertisement in the Trademarks Journal.

Opposition (If any): Any person may give notice of opposition to Registrar within 4 months of publication.

Grant: Registration certificate is issued for the trademark.

 

If there is no opposition, it would take approximately 12 to 18 months to register. In case there is opposition it will take some time.



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