Administrative Steps involved in the Registration of Trade Mark in India

A registered trademark is an absolute asset for the business/ brand/ company which directly brings home goodwill. As a result, the desirability of a trademark thrives with the growth of the business. In fact, a registered trademark can be sold, transferred or purchased or even be utilized as a security to obtain a loan which is similar to any of the other tangible assets.

First Step : Receiving  and Checking of Application

Very briefly, an application for registration of trademarks is received at the Head office or a branch office of the Trade Marks Registry within whose territorial limits the Principal place of the business of the applicant is situated. The digitization and formality checking of the application is done at the respective offices.

Second Step : Examination of Application

The Application is then examined mainly as to whether the relevant mark is capable of distinguishing applicant’s good or services, whether it is prohibited for registration under any law for the time being in force, whether the registration of the relevant mark is likely to cause confusion or deception because of earlier identical or similar marks existing on records. The Examination of all applications is done centrally in the Head Office of the TRADE MARKS Registry at Mumbai.

Third Step : Publishing of Application

The Registrar on consideration of the application and any evidence of use or distinctiveness decides whether the application should be accepted for registration or not, and if accepted, publishes the same in the Trade Marks Journal, an official gazette of the Trade Marks Registry, which is hosted weekly on official website.

Fourth Step : Filing of Opposition by Public

Within four months from the date of publication any person can file an opposition in such cases the opposition proceeding is conducted at respective office of the Trade Marks Registry.

Fifth Step : Notice of Opposition to Applicant

Under opposition proceeding, a copy of the notice of opposition is served to the applicant who is required to file a counter-statement within two months failing which the application is treated as abandoned. The copy of the a counter-statement is served to the opponent, who leads evidence in support of his case by way of affidavit, then the applicant leads evidence. After that the opponent files evidence by way of rebuttal.

Sixth Step : Hearing after  the Completion of Evidence

On completion of evidence, the matter is set down for a hearing and the case is decided by a Hearing officer. The registrar’s decision is appealable to the Intellectual Property Appellate Board.

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Dr. Deepak Miglani, Email id.:- legalbuddy@gmail.com