Trademark Application Procedure And Prosecution Flowchart In India
The Trademark Flowchart enumerates the various steps involved in filing and prosecution of a trademark application in India.
Trademark Filing and Prosecution in India
- A trademark application in India can be filed for a single-class or multiple classes. Once a trademark application is filed with the requisite documents and details, the Registry issues an official receipt towards trademark filing.
- After filing, the application goes through a preliminary check also known as Formalities check pass. Under this, the Registry verifies whether the trademark application has been filed by the applicant in the prescribed manner or not.
- Thereafter, the trademark application is examined by the Registry. If there are any objection against the trademark under Section 9 and 11 of the Trademark Act, then an examination report is issued by the Registry.
- The applicant has to file a reply to the examination report/ office action within one month from the date of receipt of examination report.
- After reply to office action is filed, the Examiner will advertise the mark in the Trademark Journal, if he is satisfied with the reply to examination report, else, will fix a date of hearing.
- If during hearing the mark is accepted, the Examiner will advertise the mark in Trademark Journal.
- After publication in the Trademark Journal, the mark is open to opposition by third parties. An opposition against the mark can be filed within 4 months from the date on which the mark was published in the Trademark Journal.
- If no opposition is filed against the trademark during the prescribed period, then the mark proceeds towards registration.
- Once registered, a trademark is valid and subsisting for a period of 10 years from the date on which the mark was filed.
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