Trademark Flowchart and Prosecution in India - SSRANA

Trademarks

Trademark Flowchart

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.

Trademark Act, 1999

Related Posts

Trademark Application in India

For more information on Trademark Flowchart in India, please write to us at: info@ssrana.com