How Much Time is Involved in getting trademark

The Trademark Registry has become swift and has made the registration process of a trademark much quicker. Earlier it used to take 18-24 months for the trademark registration process to approve a trademark, but now the registration process will only take 8-12 months if it is without opposition. Here are the steps along with the timeline for the registration of the mark.

1. Trademark Application

It will take 2-3 working days to collect documents draft and file a trademark application. When you apply for the trademark, you can continue using the "TM" symbol on the application's brand name or logo.

Timeline: 2-3 days

2. Vienna Codification

It is Trademark registry’s internal process. The trademark is assigned a Vienna code according to the Vienna Agreement.

Timeline: 5-7 days

3. Formality Check Fail

The next step in the process of registering a trademark is to review the application. Here the Trademark Registry reviews the basic information in the Application and the documents attached therein. It will check whether or not all of the data is correctly entered.

The Registry checks the applicant type and whether or not its details match the POA. Whether the valid documents are attached or not. If the Trademark Registry finds any deficiencies in the application, the status will be changed to "Formalities Check Fail."

4. Formality Check Fail Response

If the Application is in the Formality check fail status, the response must be sent within 30 days of receipt of the intimation. The answer with a correction in the Application as required by the Trademark Registry must be submitted within that time frame, otherwise, the Trademark Registry may order the Application to be Abandoned.

5. Formality Check Pass

If no fault is found in the application or if the answer to the formality check check fail is satisfactorily provided, the Application will be labeled as "Formality check pass".

Timeline: 7-10 days

6. Marked for Examination

At this point, the Trademark Registry checks the brand name or logo applied in compliance with different sections of the Trademark Act. The Trademark Registry will therefore submit an inspection document called as Examination Report.

Timeline: 10-15 days

7. Objection and Reply

Here the trademark is compared with other applications and registered trademarks. If it is found to be similar to any other brand or logo, an objection will be raised by the Trademark Registry. It also poses an objection if the brand name cannot be differentiated from others or if it displays clearly the characteristics of the goods or services such as nature, value, quantity, meaning.

If the trademark is under Objection, then the reply to the objection must be sent to the Trademark Registry within 30 days of receiving such a report. If the Applicant fails to file the reply, the trademark will be abandoned.

Timeline: 30 days

8. Objection Hearing

After receipt of the reply to the examination report objects, the Trademark Registry may call for personal representation. The trademark attorney or agent may appear on behalf of the Applicant.

Timeline: 15 days

9. Accepted & Advertised

If there are no objections in the examination report, the application will be accepted and published in the trademark journal.

Timeline: 30 days

10. Opposition

Any party may oppose to the registration of a trademark within 4 months of the trademark being published in the journal. The trademark will be further processed for registration in the event of no opposition.

Timeline: 4 months

11. Counter Statement/ Opposition Reply

If the applicant receives a third party opposition, he must file a reply. The reply must be submitted within 2 months after the notice of opposition has been issued. If it is not replied, the trademark will be abandoned by the Registry.

After that, the opponent will have another chance to file the response against the applicant's reply. Once, the claimant must receive a second counter claim for a period of 2 months.

Timeline: 2 months

12. Opposition Evidence

The Opponent and the Applicant will be given opportunities to produce sufficient evidences to prove their claims. This is covered under the Rule 45 (2 months), Rule 46 (2 months) & Rule 47 (1 month) of the Trademarks Rules.

Timeline: 5 months

13. Opposition Hearing

The last stage is the opposition hearing. Both sides will be able to argue and make statements in favour of their claim. The officer shall pass the appropriate order after hearing both sides. If the decision is in the applicant's favor, the trademark will be registered otherwise it will get rejected.

Timeline: 30-60 days

14. Registration

Under the following circumstances, the applicant will receive the certificate of the trademark.

First, if no opposition is raised– Within 4 months of publishing a trademark in the journal.

Second, in case of opposition- when the officer passes the order of hearing in favor of the applicant.

Timeline: 5-7 days
This blog is authored by Company Secretary Ronak Gupta. He is author of many blogs and runs many websites and youtube channels. His work is dedicated to corporate laws, legal, secretarial, professional services and also in strategy formulations for corporates. Mail him at: csronakgupta23@gmail.com or call at :9910226715

Comments

  1. BryantApril 7, 2021 at 5:44 PM

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