Trademark Registration

Listing ID #7061209

Trademark registration is not an easy process at all. This is right to say that you will use "TM" symbol with your brand on the same day of application however to convert this "TM" into "R" it will take time sometimes it will take more than 2 or 3 years. There are so many rejection and objections in the way of getting "R" with your brand. In India more than 90% of trademark application gets declined due to non-compliance after application. During the process of "TM" to "R" a trademark go through the below mentioned stages:-
1. Send to Vienna Codification
when the trademark comprises figurative elements/logo and is being assigned a Vienna Code by the Indian Trade Mark Registry. As soon as a new trade mark application is filed, a Vienna Code is assigned if the trade mark comprises figurative elements/logo. The Vienna code is assigned based on the nature of the figurative element/logo.
2. Formality Check Pass / Fail
Once a Form is filed it passes through all the basic formalities such as the description of goods, services and the requisite documents to be attached, this stage clear by auto check means system checks automatically whether all the necessary tabs are filled by the applicant and all the requisite documents are attached for any particular trademark but it may be noted this stage does not check the authentication of the information and documents attached with it. Authentication of the information and documents checks on later stages, if some discrepancy found at the initial level then Formality Check becomes fail. Otherwise it will move to the next level.
3. Marked / Sent for Examination
Once the Formalities checked, the form is sent for Examination to the Registrar which examines the Form and finds any irregularity and duplicity in the Mark. For each and every trademark case an examiner has to assign and he/she closely checks all the information and the documents attached with the trademark. Once he/she verifies all the information then examiner issues the examination report.
4. Objection
Upon Examination of Form TM-A, If examiner encounters any inconsistency in the Form, it may raise the objection under section 9, Section 11 and Section 12 of the Trademark Act, 1999 regarding the description of Goods and Services and other common issues and require a reply to within 30 days from the date of objection against the objection raised by the department.
5. Opposition:
Once the mark is advertised in the journal and any one in public finds out that it is too similar to their exiting registered mark they may write to Examiner and oppose the Application which leads to hearing.
6. Abandoned
When there is no response from the Applicant’s side against the objection raised by the Examiner or opposition raised by the general public within the specified time then it is marked as abandoned.
7. Withdrawal
If the Applicant withdraws the Application filed then the status becomes withdrawal.
8. Accepted & Advertised
When the examiner satisfied with all the information and documents filled by applied then examiner put the trademark into journal. If no opposition raised by general public with in a period of 6 to 7 months then department issues the registration certification.
9. Registered
Once the Examiner is completely satisfied with the Application and there is no opposition filed, department issues the registration Certificate.