The Process of Trademark Filing & Trademark Prosecution in India

For any business, brand identity and reputation seem to be the essential elements. And for that, a trademark plays a vital role in maintaining a distinctive identity from the competitors.

Therefore, many companies become proactive in registering the trademark, ensuring they maintain an exclusive identity. Not just, trademarking can also protect the brand in numerous ways! When talking about trademark prosecution in India, this is a multi-stage process.

Various steps must be followed, and one must have a detailed and complete understanding. The rise in trademarking filing and prosecution is due to the enhanced innovation and government policies building up to protect the brand! Let's discuss in detail trademark prosecution.

What is a trademark?

It's a unique brand name that no one can use but the one who's registered it! Trademark can be done for a logo, single colour, combinations, a device, numerals, and more. Along with being a unique identity for the product, it also adds value to your brand!

In India, trademark prosecutions for a range of objectives, both for Indian and foreign nations, are performed in line with the trademark act 1999.

The process of trademark filing & prosecution

Trademark search

The primary purpose of conducting a trademark search is to understand whether the trademark is available or not? A trademark search can be performed online or through the Indian Trademark Registry Database. It helps to find similar trademarks and guides you in choosing the unique and distinguishable one. There are three types of trademark search, including comprehensive search, preliminary search, and image search.

Trademark application preparation

There is a few pieces of information required for application preparation, including

Applicant name

Good & services details

Trademark date for India or globally

Name and designation of the attorney helping the company with trademarking

Name and type of applicant's entity.

Trademark filing

Once you know there's a similar mark as yours, you proceed with the filing, another essential step in trademark prosecution in India. It can be done at the Trademark registration office, on all working days, or online through the IP India website.

Trademark filing is crucial since it ensures the documents have the proper signatures of the applicant, along with the date & place of the filing. The process takes around 2 working days, and you can track the application status too.

Trademark application examination

After the trademark filing, the application gets allocated to an examiner who checks your application thoroughly. They ensure the application is free from all kinds of disparity/mistakes and check if there is no mistake in the application form or filing. The whole process of examination takes around 3-5 months. However, there are service providers that ought to help you with the process on priority!

Trademark application

Once the examiner accepts and approves your trademark, you move on with the next step of trademark publication. It is when you advertise your mark in the Trademark Journal.

Trademark registration

There are situations after you advertise in the journal that an aggrieved person may object to your mark, and a hearing takes place in court. However, if the process is smooth, no opposition is made, or if the case gets solved, the trademark gets registered.

Under the Trademark Act 1999, you can register your word, mark, shape, sound, and colours, protecting it from infringement. Registration of a trademark happens for a specific period, which is for the next 10 years. The period immediately starts from the date of issuance of the registration certificate. But with that, one can also renew the mark after the expiry!

Getting a mark for your brand is a challenge, and it should be done the right way! Once you follow all the steps carefully, regardless of how time-consuming it is, you will get relevant results.

Wrapping up!

Trademark prosecution in India is defined as a series of actions taking place between your trademark attorney and trademark office official. This process helps fulfil your object, so your brand can stand apart and make a good impression! The purpose of prosecution can be many, including registration, modification, restoration of the mark and so on. Identify your needs and find out which is an ideal option for you!