TRADEMARK PROCESS


Trademarks are taken for goods and services. Trademarks are divided into 45 different classes whereby
goods are divided from Class 1 to Class 34 and Services are divided from Class 35 to Class 45.
Trademarks can be Word mark and/or Logo / Device.


Trademark Search link  :  tmrpublicsearch.aspx

The applicant will have to provide documents as follows:

For LLP

PAN and Name of Authorised Partner for Signing Papers

For Company

PAN and Name of Authorised Director for Signing Papers

For Sole Proprietorship
/For Individual

PAN and Any Proof of Firm Registration (Shop Establishment / GST Registration Certificate / Udhyam Registration, etc.)

PAN and Residence Proof (Aadhar / Driving License / Passport, etc.)

For Partnership Firm

PAN and Any Proof of Firm Registration (Shop Establishment / GST Registration Certificate / Udhyam Registration, etc.), Name of Authorised Partner for Signing Papers

Government Fees

4500

    per Class per Word mark or Logo or Device for Individual and Sole Proprietorship

4500

    per Class per Word mark or Logo or Device for Partnership Firm, LLP or Company subject to the entity is registered with Udhyam (MSME)

9000

    per Class per Word mark or Logo or Device for entities not registered under MSME

On receipt of the documents a Power of Attorney will be provided which is to be signed by the Applicant and forwarded for filing the same with Trademark Authorities.

If the Logo or Word mark is used since any previous date (being before the application) the Applicant will have to provide evidences (such as Sales Invoices, Advt Expenses Invoices, etc.

On receipt of documents trademark application is made.

Flow Chart

Journey from TM to R

1

Application Stage

To be made with Trademark Authorities after payment of necessary fees. Upon generation of receipt Client can use TM (Temporary Mark) for his Logo or Word mark.

2

Formalities Check Pass Stage

Application goes for formalities check and if all papers are OK the application goes for further processing.

3

Objection Stage

Trademark Department will check whether the Trademark is matching with any other Trademark or the applied Trademark is general in nature and if yes will issue an Examination Report to which we will have to provide a reply and appear for hearing which will be held before the Trademark Registrar.

If no objection is raised by the Trademark Department the application is accepted and is published in the trademark journal.

4

After hearing the Trademark Registrar passes necessary Order (Acceptance or Refusal) and if the Trademark is accepted it is published in trademark journal

5

After publication in the trademark journal the Trademark is open for 120 days where any third party which thinks the trademark resembles to them has to file their opposition with the trademark authorities.

6

If opposition is received it will be pursued accordingly wherein reply filing to opposition will be made, evidence stage
(wherein evidences are to be produced) and then hearings are held. (On Merits it can either be Accepted or Rejected).

7

If NO opposition is received the Trademark is registered and a Registration Certificate is issued with a validity of 10 years from the date of application.

8

Before six months of the expiry the Trademark an application for renewal of the Trademark can be made with the Trademark Authorities.

TIME FRAME


If no objection or opposition is received the Trademark is registered within 6-8 months.

If any objection or opposition is received then it depends on Trademark Authority/Third Party and the Registration of the Trademark is prolonged accordingly.

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