Trade Mark Registration Process In India
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Once a trademark application is filed (Fee- Rs. 4000), it is examined as to its registrability which includes deceptiveness, distinctiveness etc. and availability based on the existence of prior trademarks registered or pending applications. If there are any objections to the registration, an examination report is sent to the applicant. Examination report by registrar is normally issued within a period from 3 months to one year.
Once an examination report is issued, the applicant has to reply in writing to the report within one-month of the date of receipt. If the trademark application is accepted, it will be published in the Trademarks Journal.
An opposition to the registration of trademark may be filled before the Registrar by any person within 4 months from the date of the publication. In the absence of an opposition, the relevant certificate of registration will be issued.
A trademark registration is valid for 10 years as of the date of filling the application and renewable for period of 10 years perpetually.
Only the proprietor of registered trade mark can use the symbol in India. Using symbol TM with trade mark simply means that one claims to be the proprietor of the trademark. There is no prohibition on the use of the symbol TM in India.
Website for Trade Mark in India: www.ipindia.nic.in
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