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What is the procedure for filing, registering or protecting a trademark in India?

The procedure for filing and registering a trademark in India is as follows:-

Trademark application filing in India:- as per the procedure specified in the Trade Marks Act, 1999.

Examination Report by the Registry:- an examination report is usually issued within three months to one year depending on the back log of the registry.

Reply to examination report- a reply to an examination report has to be filed within a period of one month from the receipt thereof. If the registry is satisfied with the reply, the application shall proceed for advertisement in the Trade Marks Journal.

Advertisement in Indian Trademarks Journal- an application is advertised in the Trade Marks Journal so as to invite the public for filing an opposition for the mark.

Opposition- the time period to file a notice of opposition is 4months from the date the Trade Marks Journal in which the mark has been advertised, has been made available to the public.

Registration- where no opposition is filed within the specified time, the application shall proceed to registration.

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