Timeline for Trademark Registration Process in India – Overview

In India, Trademark Registration is done by the Controller General of Patents Designs and Trademarks, and the preparations regarding the trademark infringement or violation are provided under the Trademark Act, 1999. Earlier, the trademark registration process takes a longer time to complete, but now the minister has become more dynamic and made the registration process very fast. In the past, the timeline for trademark registration process would take almost 15 to 18 months, but now the timeline for trademark registration process is around 6 to 8 months without any complaints. Scroll down to check more information regarding the timeline for trademark registration process in India.

What is the detailed Timeline for Trademark Registration Process in India?

Search for Trademark

There are certain definite processes to be followed for the timeline for trademark registration process. The initial step of registration is the trademark search, and after that, you can apply for trademark registration. Trademark Search ensures that there is no related or matching or similar trademark exists or already registered. According to Section 18 of the Act, the applicant for registration can be made in definite form.

Application for Trademark

Once the trademark search is done, then the applicant can file the application for trademarks for different categories of goods and services. For drafting an application, documents collection and registration filing will take around 2 to 3 working days. Once the applicant applied for the trademark, they can use ™ symbol with the brand logo or name as per the application made.

Also, Read: How did Trademark Registration help to Protect Android Application?

Acceptance of Trademark Application

Once the applicant completed the initial procedures, the Registrar can accept the application. After that, the Registrar publishes the trademark application in the trademark journal within 6 months for acceptance. Once the application is published in the trademark journal, the same can be objected or opposed by the other person if they find similar marks.

Trademark Objection

In the trademark registration process, an advertisement is made so that the public has a chance to raise any trademark objection against pending trademark application. But the opponents get a fair chance to defend their trademark against pending marks that may be identical to others.

Inspection Report

In this step, the Ministry inspect the logo or name applied under different sections of the Act. Therefore, the Ministry issued an inspection report either accepting or objecting the trademark. If there is no trademark objection, the trademark will be allowed to advertise. Otherwise, the trademark application is inspected by the Trade Marks Office, and it will take around 2 to 4 month time from the date of filing of objections raised. Also, these trademark objections can be raised on:

• Absolute Grounds: Uniqueness, devoid of unique name or logo, not capable of distinguishing goods or services, and so on.
• Relative Grounds: In case the trademark is similar with any already registered trademark on the Trademark Register.

Once the inspection report has issued, the applicant should file a response within 1 month from a receipt of an inspection report failing which an application is considered to have been abandoned by the applicant. If the response filed by the applicant influences the Trademarks Office, an application is advertised further in the Trademark Journal. On the other hand, if an inspector or an examiner has further objections, the hearing will be offered to the applicant.

Trademark Journal Publication

If a trademark registration is not opposed within 4 months advertisement date in the trademark journal, then the application for the trademark must be continued for registration. Any third party can raise trademark opposition against the registration within 4 months of trademark publication in the journal.

Trademark Opposition

Any individual can oppose the application for trademark registration by submitting a written notice and paying suggested fees within 4 months from the application’s advertisement date to the Registrar. If any individual opposes the trademark application, then the Registrar serves the same to an applicant of the opposed mark within 2 months. If no opposition is made, then the trademark application will be continued for registration.

Counter-Statement

If an applicant receives any trademark opposition within 4 months, they have to file a reply within 2 months from the receipt of notice of trademark opposition. If a reply against the opposition is not filed, then a ministry will unrestricted the trademark. The opponent will get another chance to file a reply against an applicant, and they will also get 2 months to file second counter statement. Hence, within 2 months of such notice by an applicant, a counter-statement must be filed to the Registrar.  The counter-statement is also functioned to an opponent by the Registrar as well. Depend upon the counter statements and oppositions, and the Registrar will decide whether the application for trademark registration is to be accepted or not. Both the parties have a right to call against any decision made by Registrar. An appeal or petition can be filed before the IPAB (Intellectual Property Appellate Board).

Hearing

This is the last stage of the opposition, where both parties debate and put their forth statements. After hearing both parties, the officer will pass necessary order. If an order goes into the favour of an applicant, then the trademark will get registered; otherwise, it will get unrestricted by the officer.

Trademark Registration

Following are some conditions where an applicant will receive the trademark certificate:

• In case of Opposition: When an officer pass the hearing order in favour of an applicant.
• If no Opposition is raised: After the accomplishment of 4 months of trademark publishing in the journal.

In both the conditions mentioned above, an applicant shall be approved with the registration certificate that ends the timeline for trademark registration process. After receiving a registration certificate, the applicant can use the ® symbol with its brand logo or name.  The applicant can also download the trademark registration certificate from the official portal by entering the application number.

The Registrar accepted the trademark, and in the end, the entry is made in the trademark register. The complete timeline for trademark registration process must not exceed 12 months from the date of trademark application, and after every 10 years, you have to renew the trademark.

Conclusion

A trademark application can go through a timeline for trademark registration process. However, if the brand name is distinctive and not similar to other registered trademarks, one can get the registration certificate in 6 to 8 months. So, it is concluded that the timeline for trademark registration process depends on government processing time, but one can choose the unique brand name or logo to avoid a longer registration time.

Also, Read: Unconventional Trademarks and Challenges that are faced during Its Registration