What are the factors affecting the time duration for trademark registration?
Application should be prepared carefully to get the ‘Formality Check'(1st stage in the procedure) passed within 2 weeks of application filing.
If the trademark word you file is truly unique, distinctive and invented, your application for registration can get through faster to receive registration certificates in 6 to 8 months. Factually only a small percentage of trademarks filed get qualified within 6 to 8 months.
If your trademark receives objections at the Examination level (2nd stage in the procedure), Reply to objections should be prepared and filed. This procedure step will consume further 2 to 3 months approximately.
Once the reply to objections is assessed by the statutory authority, the trademark may get cleared to get advertised in the Trademark Journal. Or the trademark can be scheduled for Show Cause Hearing (3rd stage in the procedure). If the mark gets into Show cause hearing stage it may take roughly another 4 to 5 months.
Through show cause hearing the trademark can get accepted to get advertised in the Trademark Journal (4th stage in the procedure). Once the trademark is published in the Journal, there are 4 months of mandatory period by law for anyone to submit opposition against grant of registration. If a mark gets third party opposition, it undergoes a diverged process of counter opposition, evidence submission, hearing and order. Positively a very small percentage of applications only receive such external opposition.
Once there is no opposition on record within 4 months of advertising in the Trademark Journal, the trademark gets registered. Registration certificate is issued (5th stage in the procedure). The procedure of getting the Registration certificate can approximately take further 4 months of time.
Periods mentioned are approximate as the procedure compliance, clearance and connected periods singularly depend on specific case.