Process of filing a Trade Mark Application in India and Grant of Trade Mark Registration Certificate involves the following steps as detailed in the flow chart hereinbelow:
The first step in getting a trademark registered is the filing of Trade Mark Application in Form 1, with the logo or word mark (as may be applicable), along with the applicants' particulars, including his address (incase of a company, the registered address of the company). Please note that the duly notarized Power of attorney, although a mandatory requirement, can be filed at a later date.
The next step is to meet with the objections raised in the examination report by the Registrar before he grants the orders for publication in the Trade Mark Journal. We shall need additional evidence at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark.
The extent of advertisement with a few sample copies of advertising material and brochures;
The quantum of usage with a few invoices and the last gross annual sale of the goods under the Trade name;
The extent of use of the mark in respect of time and area;
A brief write-up on the importance attached to the trade mark in particular;
The class of costumers and their standard of intelligence and education;
The date of commencement of the use of the mark;
If the trade mark has been registered in several countries and the law of Trademark is similar to that of India, certified copies of the registration of the marks in such countries may also be provided to us.
(Note: Examination report is sent to the attorney in about 45 days from the filing of the mark).
After the advertisement of the Mark in the Journal, it is open for the general public to file their objections to the grant of such registration of the Mark. The time provided under law for filing the objection by general public is three months from the date of publication in the journal.
(Note: This process is the most time taking and at times may take more than a year, considering the present back log at the Trade Mark office in India, however we shall endeavour to speed up the process).
If no objection is raised by the general public, the Registrar may thereafter pass an order for registration of the Trade Mark and shall provide a certificate of registration of the mark.
(Note: Assuming there is no objection, then the above 3 processes may take about 1 year and 6 months from the date of filing of the mark).
If there is an objection raised by general public, then one is required to file the reply to the objection and thereafter adduce evidence with respect to the mark and finally argue the matter in support of his case.
(Note: Assuming that there is an objection raised by general public for the grant of registration for the mark as enumerated in point 5 above, then the entire process till grant of certificate shall take 2-3 years).
As regards the Power of attorney is concerned, we have to file duly notarized/counsalrasied Power of Attorney.
10 Copies of Logo or copy in JPG format. (incase Logo is required to be registered).
Name of the applicant.
Address of the applicant.
Specification of good(s)/service(s).
Usage in India (if any usage).
Power of Attorney.
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