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Trade Mark Registration in India
 
Trade Mark Filing procedures in India
 
An application is to be made under Trademark Act and Trademark Rules with the following documents.
 
 
User
 
Trade Mark should either be used or proposed to be used.
 
Status of application
 
The protection period of the trade mark in India commences from the date of filing the application. The application number as well as the filing date is provided on one copy of the additional representation within 7 days from the date of filing the application.
 
Examination and acceptance
 
After the application is made, the Registrar shall cause the application to be examined and shall issue a First Examination Report to the applicant stating his objections, if any. The applicant must reply to the examination report within one month from the date of issuing the Examination Report. Subsequently, if the objections are waived after receiving the reply followed by hearing, the application will be accepted for advertisement in the trade mark journal.
 
Advertisement
 
After acceptance the subject trade mark is advertised in the trade marks journal and as such will be open to the public.
 
Opposition
 
Any interested person may oppose the application within 3 months (which may be extended for a further 1 Month) from the date of advertisement. The Opponent must file a Notice of Opposition stating the grounds on which are relied for opposing the application. The Applicant must then give his reply by a Counter Statement within 2 months of receiving the Notice of Opposition. Both sides file their evidences and the matter is decided after a hearing
 
Registration
 
The mark will proceed to registration in case there has been no opposition or if the opposition has been decided in favour of the applicant. Upon registration a registration certificate is issued by the trademark office to the applicant.
 
Renewal
 
A trademark is valid for a period of 10 years and may be renewed for every 10 years.
 
Services Provided
 
Developing/Designing a Trade Mark
Guide Line (Advising on Potential Risk) in using a trade mark or its Registribility
Trade Mark Search
Preparing & Filling of Trade Mark Application
Follow-up proceeding for Registration
Attending opposition/ Cancellation/ Rectification
Proceeding before Appealed Board
Preparing Licensing / Assignment / Registered user Agreement
Renewal of Trade Mark
Change of Names & Records