Filing

In India, the usual time taken by the Trademarks Registry from filing to registration is between 18-24 months for a straight forward application. The Indian Trade Mark Office examines all applications with respect to the (a) filing requirements (b) absolute grounds for refusal or (c) relative grounds over the earlier identical or confusingly similar trademark applications/registrations for the goods or services concerned within 10-12 months. If it is found to be registrable, the examiner will accept the same and forward it for advertisement in the Journal. In case of any objections, the Examiner issues an Examination report and the applicant has to prepare and file a response in 30 days. If the Registrar’s decision is again against the registration of the mark, the Trademark Registry fixes a date of personal hearing. The Applicant is then required to represent his case before the Registrar and satisfy the Registrar regarding acceptability of the proposed mark for registration. In the affirmative, it will be published for the opposition of third parties for 4 months in Official Trademark Journal. Application will be registered within 2-3 months after expiry of period of filing notice of opposition, provided that no opposition is received.

Opposition

Any interested party may oppose a trademark application during the four months period of its publication. In case there is an opposition to the proposed mark, the Registrar gives notice of such opposition to the Applicant. On receipt of such notice, the Applicant is required to submit to the registrar, a counter statement of the grounds in support of his application. The registrar will call both the parties for hearing and listen to their arguments before announcing his decision.

Filing Requirements

• 1. Full name, Address, Nationality of the Applicant.
• 2. Description of the Trade/Service Mark.
• 3. In case the mark is stylized/logo, graphical representation of the mark.
• 4. A Power of Attorney signed by the Applicant or an authorized person of the Applicant, in original. The same can be submitted subsequent to Filing as well.
• 5. Goods or Services to be covered under the mark.
• 6. If the mark has been in use, the exact date since when the mark has been in use.