What is the process of getting a trademark registered by the ministry?

Application for logo registration can be done online. Post such application, one can start using a “TM” symbol. Once a trademark registration process is done, “R” symbol can be applied. The registration is valid for 10 years with an option for renewal.

TM registration process is a time-consuming process and may take around 8 months to 2 years and the process is broadly stated below.

  • Preparation and filing of the Trademark application in the right class, with all the correct details.
  • Send it to Vienna Codification – As soon as a new trademark application is filed, a Vienna Code is assigned if the trademark comprises of figurative elements/logo. Vienna codification is done by the Registry so that the trademark searches can be conducted for artworks/logos.
  • Formalities Check – This is the first step of verifying the Trademark Application whereby the Trademark Registry usually checks if the basic requirements are met. This includes scrutinizing whether the POA has been uploaded (when filed through an attorney) and whether the appropriate translation/transliteration has been filed in case of TM is not filed in English/Hindi.
  • An issue of Examination Report from the Ministry – On verification of basic details, the registry examines the application under various sections to see if the Trademark applied for requires any clarification under any of the Legal sections of the Act. When they feel that any information is required, then they would issue an examination report with the relevant section to which a reply MUST be filed.
  • Exam Report Issued / Accepted – After acceptance of the Trademark application or submission of Examination Reply if the registry is satisfied then they will proceed for the Trademark name or symbol or both to be published in the Trademark Journal.
  • “Advertised before acc” or “Advertised” or “Accepted & Advertised” – At this stage, the trademarked name or logo or both are advertised in the Trademark Journal. These are kept open for Objection for 4 months for any third party to oppose the published Trademark. When any such objections are received, the status would change to Opposed – to which a proper reply should be filed.
  • Registration– If there are no other objections, clarifications, or oppositions, the trademark application would be accepted and marked as ‘Registered’. This is when the Trademark applicant can start using the ® symbol.