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Steps Involved in the Trademark

Registration Procedure in
India
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#1. Creation of Trademark
The applicant (an individual or
TM
company/firm first of all, required to
cm) create an indisputably unique and
scintillating trademark/service mark
(called as ‘mark’ thenceforth), for the
mark to be easily registrable.
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#2. Class Selection
The newly created mark is then
assigned the appropriate class or
classes (out of 45 classes given in
the Nice Classification of Goods &
Services), depending upon the
economic fields the mark will be
used in after registration.
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#3. Trademark Search
Then, a rigorous and
meticulous trademark search is
conducted across the national
trademark databases to
ascertain that the newly-
created mark is
unobjectionably unique and
hence readily registrable.
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#4. Trademark Filing
Then, comes the turn of filing the
(online) trademark application for
registration through Form TM-A
and with the relevant zonal office
of Trademark Registry, along with
all necessary documents. Today,
also available is request for the
expedited processing of the
application through Form TM-M.
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#5. Trademark Examination
Thereafter, the filed mark is
comprehensively examined by the
concerned Trademark
Examiner/Registrar, to become
satisfied with the ready registrability
of the mark. Certain necessary
suggestions may also be given by
the examiner to make the mark
easily registrable.
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#6. Trademark Journal Publication
After becoming fully satisfied
with the registrability of the
mark, the mark will be
published in the official
Trademarks Journal, to invite
any objections to registration of
the mark (in its present form)
from any third-party entities.
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#7. Trademark Opposition
Based on certain solid and convincing
grounds, any third party can raise
strong objection to the registration of
the proposed mark, within 90 days of
the publication of the mark in the
journal, through the Form TM-O.
Resolution of any trademark
opposition is inevitable for the mark to
be registered.
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#8. Trademark Prosecution
for Registration
This process is necessary for getting Trademark
the forwarded mark duly registered
under the specified class perfectly in Prosecution
the depicted format/configuration.
Service of a well-informed and
veteran trademark lawyer will be
immensely helpful for this purpose.
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#9. Trademark Registration
Lastly, the certificate of trademark
registration is granted by the relevant
office of Trademark Registry to the
applicant. After getting this certificate, an Registration
exclusive ownership over the mark is
ensured, along with the rights related with
commercial uses and legal protection. The
symbol ® can now be placed next to the
mark.
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