Trademark Objection

The process of trademark starts with a trademark search. Our team will help you conduct a trademark search to find marks across classes. The government trademark search tool can be used to find identical or similar trademarks under the same class. Once the search is complete, we will proceed with the trademark application filing.

Once the trademark registration application is filed with the trademark registry, a trademark application allotment number is provided along with the payment receipt. The application number used to track the status online through the trademark search facility. On receipt of allotment number, the applicant of the trademark can affix the TM symbol over the logo.

Once the application is filed, the registrar will apply the Vienna classification to the trademark based on the figurative elements of the applied mark. While the progress of codification, trademark application status usually reflects as “sent for Vienna codification”.

Once the Vienna codification is complete, the trademark registration application will be allotted to an examiner in the trademark registrar office. The trademark officer reviews the trademark application for the correctness and issue a trademark examination report. The Officer will either accept the application and allow for journal publication or object the same.

 If the trademark Officer objects the trademark application, As per trademark rules, response along-with supporting documents (if any), should be filed within one month from the date of receipt of Examination Report or the applicant may apply for a hearing. If the Officer is satisfied with the justifications, the trademark advertises in the journal for at least four months. In case the Officer is not satisfied with the justifications, the trademark applicant has the right to appeal the decision of the Trademark officer before the Intellectual Property Appellate Board.

During the publication period, If trademark application is opposed by a third-party, The Registrar shall serve a copy of the notice to the applicant. And as per trademark rules, the counter-statement need to file within two months from the receipt notice. After that Officer fixes a hearing, both the applicant and opposing party and allow chance to appear at the hearing and provide justifications for the Registration or rejection of trademark application. Based on the hearings and evidence presented, the hearing officer will determine if the application should be accepted or rejected. The decision of the hearing officer can also be challenged by escalating it to the Intellectual Property Appellate Board.

The last stage in the Trademark registration procedure is the issuance of registration certificate. The trademark registration is valid for a period of 10 years and can be further renewed for any number of times by paying the renewal fee. The normal time taken to register a trademark ranges from 9 -24 months.

Once the trademark is registered, it is valid for lifetime and are subject to renewal after every 10 year by paying prescribed renewal fee to the Department. The renewal process is online.