Trademarks Filling

Trademark registration online is done through the official trademark registration website of the Government of India.

Step 1: Conduct a Trademark Search

• Start with a thorough trademark search on the IP India website (ipindia.gov.in)
• Ensure your proposed mark (name, logo, slogan) is unique and not identical or deceptively similar to existing trademarks.

Searching reduces the risk of rejection or opposition later in the process.

Step 2: Choose the Appropriate Trademark Class

• Trademark protection is granted based on classes; there are 45 different Trademark classes  (Classes 1–34 for goods, 35–45 for services).
• Choose one or more classes depending on the nature of your business.
• Incorrect class selection can lead to legal gaps or rejection of your application.

Step 3: Prepare the Trademark Application

• File Form TM-A either online or physically at the Trademark Registry Office.
• Key details to be included:
  • Applicant name and address
  • Type of mark (wordmark, logo, sound mark, etc.)
  • Description of goods/services
  • Trademark class
  • Date of first use (if applicable)

Attach a clear image of the logo/symbol (if applicable) and a power of attorney if filing through an agent.

Step 4: Allotment of Application Number & TM Symbol Usage

• Once submitted, you will receive an application number.
• You can now legally use the ™ (TM) symbol, indicating your mark is under application.
• The application can be tracked online.

Step 5: Formal Examination by Trademark Registry

• The Trademark Examiner reviews your application to verify:
  • Legal eligibility under the Trademarks Act
  • Non-conflict with existing marks
  • Descriptive or generic nature of the mark
• The Examiner then issues an Examination Report.

Step 6: Respond to Trademark Objection (if any)

• If your application is objected to under Section 9 (absolute grounds) or Section 11 (relative grounds), you’ll receive a notice.
• You must file a Trademark Objection Reply within 30 days with proper legal reasoning, evidence of use, and clarifications.
• If needed, your representative may be called for a Show Cause Hearing.

Step 7: Trademark Journal Publication

• If accepted by the Registrar (either directly or after objection resolution), your trademark is published in the Trademark Journal.
• The mark remains in the journal for 4 months to allow for public scrutiny and opposition, if any.

This is a critical step; many applications face trademark opposition at this stage.

Step 8: Handling Trademark Opposition (if filed)

• A third party may file a notice of trademark opposition within 4 months of journal publication.
• If this happens, you must file a counter-statement within 2 months, defending your trademark.
• Both parties submit evidence and may attend hearings before the Registrar makes a decision.
• If no opposition is filed, or if you win the opposition, your mark proceeds to registration.

Step 9: Issuance of Registration Certificate

• If your application clears all stages, you’ll receive the Trademark Registration Certificate from the Trademark Registry.
• You can now legally use the ® (Registered) symbol alongside your brand name/logo.

The registration is valid for 10 years and can be renewed indefinitely every 10 years. This entire trademark registration process in India can be handled online with professional support from service providers like MOVLEGAL.