What are the facts one should know about trademark registration procedure?

  • Trademark registration is the legal procedure to acquire lawful rights of trademark ownership. 
  • The discretionary power of trademark registration procedure is with the Authority of the Trademarks Registry under Government of India.
  • Filing of a trademark application for registration is only the 1st step in the procedure.
  • Every trademark application is set to undergo standard procedure steps by the Trademarks Registry before acquiring the registration certificate. 
  • The registration certificate can only be acquired after the application has gone through the standard procedure, set up by the Trademarks Registry. This procedure includes Formality check, Examination & Objections, Reply to Objections, Show cause hearing, Trademarks Journal advertisement and Registration certificate release.
  • Once an application for registration is filed, the standard procedure steps to be followed are Formality check, Examination & Objections, Reply to Objections, Show cause hearing, Trademarks Journal advertisement and Registration certificate release. At the stage of Journal advertisement of the mark, third party can oppose the registration. Statistically such oppositions arise for a small percentage of total applications processed.