FREQUENTLY ASKED QUESTIONS (FAQS) ON TRADE MARK

REGISTRATION IN INDIA
1. Can sound Marks be registered in India?
Answer: Yes, Sound marks when represented in conventional notation or
described in words by being graphically represented.

2. Can a three dimensional sign be registered in India?

Answer: Yes
++
3. Can shape of goods or their packaging be Trade Marked?
Answer: Yes

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4. How long it takes in registering a Trade Mark?
Answer:. In case there is no objection or opposition received then minimum 5-7
month takes in registering a trademark. In case of objection or opposition it will
extends from 12 months to 18 months.

5. What are well known marks?

++ which are known to
Answer: Well known trademark are widely known marks
public and they therefore enjoy a special protection under Indian
trademark law.

6. Which form is required to be filed for Trademark registration?

Answer: Form TM-A on the Trademark Portal is filed for new Trade Mark
registration application. www.werconsultants.com
7. Is trademark registration is compulsory in India?
Answer: No, it is not mandatory at all. But it is advisable and a wise
decision to get your Trade mark registered to protect your mark and
business as well.

8. Whether foreigners can also apply for registration of their marks in

India?
• Answer: Yes, foreign proprietors can also make an application for
registration of their mark in India provided it is well-known and it has
reached to Indians.

9. What is procedure of trademark?

• Answer: Any person, claiming to be the proprietor of a trademark used
or proposed to be used by him or it, may apply for Trademark
registration.

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9. What is procedure of trademark?
Answer: The procedure for registration of trademark is as following:

• Application: The application for registration of a trademark shall be

filed in Form TM-A.

• Scrutiny of mark (Objection): The scrutiny of the mark is done by the

Registrar and if found satisfactory, he shall publish the same in the
Trademark Journal or else issue examination report i.e. objection.

• Issue of Examination Report: An examination report stating the

grounds due to which the trademark shall not be considered for
registration is issued by the Registrar generally within 15-20 days of
filing the application.

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9. What is procedure of trademark?
Answer: The procedure for registration of trademark is as following:

• Advertisement in Indian Trademark Journal: An application is

advertised in the trademark journal so as to invite the public for filing
an opposition for the mark.

• Opposition: The time period to file a notice of opposition is four

months from the date of advertisement of the mark in trademark
journal.

• Registration: Where no opposition is filed within the specified time,

the application shall proceed to registration.

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10. What does status “Send to Vienna Codification” mean?
Answer: it is one of the initial stages of Trade Mark Registration
process. When we file any application in which trade mark
consists of any figurative elements or logos then in such case
Trademark registry assign a Vienna code to such trademark
based on the nature of figurative or logos. Once the Vienna code
is assigned status changed to formality chk pass or formality chk
fail from status send to Vienna codification.

11. What does status “Formalities Chk Pass” mean?

• Answer: it is one of the initial stages of the Trademark
registration process. When we file trade mark application
Trade mark registry usually checks basic requirements such as
Power of attorney is filed properly (if filed by an agent or
attorney), proper user affidavit is filed (if there is claim of
prior use in application), category of applicant, class and
other basic requirement. If application does not met with
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basic requirement the status could be reflected as formality
chk fail.
12. What does status “Formalities Chk Fail” mean?
Answer: In initial stages of Trademark registration process when Trademark
registry check basic requirement such as whether proper documents are
uploaded, translation of mark if not in English is provided, proper fee is paid as
per selected category of the applicant and it founds any deficiency it could be
reflected as formality check fail. In such cases proper action should be taken for
application to move forward for registration. ++

13. What does status “Marked for Exam” mean?

• Answer: This status means that application has been assigned to an
Examiner. Examiner will check the registrability of applied trademark under
various sections of Trade Marks Act, 1999. Examiner issues an examination
report in which he either accept the application for trade Mark or raise
objections as to its registrability. The application needs to wait for the www.werconsultants.com
examination reports to be issued.
14. What does status “Awaiting reply to examination report” mean?
Answer: This status means after examining the application Examiner has raised
objection / objections to the registrability of trademark under various sections
of trade Marks Act, 1999. Applicant has to submit reply to the examination
report as soon as he / she receive this report.

15. What does status “Exam Report issued” / “Accepted” ++mean?

• Answer: This status means that no objection has been raised by Examiner or
when the objection raised are overcome by way of written submission or
hearing. At this stage applicant is not required to take any action unless the
application does not move forward for journal publication.

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16. What does status “Objected” mean?
Answer: After examining the application examiner issues
Examination report. Reply to the examination report has to be
filed within 30 days of issue of report otherwise application could
be treated as abandoned by the registry. If the reply is submitted
and examiner is convinced then application will be accepted and
if not convinced an hearing date will be fixed for further
processing of the application.

17. What does status “Ready for show cause hearing” mean?
Answer: When we submit reply to examination report and
examiner is not convinced with reply submitted. In such case
application put under status ready for show cause hearing in
which a date is fixed for hearing in which appearing person make
submission in support of his / her application.

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18. What does status “Advertised before acc” or “Advertised”
or “Accepted & Advertised” mean?
Answer: This is one of the final stages of trademark registration
process. In this stage trademark is advertised or published in
trademark journal which is available to public or third party to
oppose the registration of the trademark. In no opposition is
filed then within 4-5 month then the Trademark registration
certificate is usually issued.

19. What does status “Opposed” mean?

Answer: This status is reflected when any third party opposes the
registration of trademark within the period of four month after it
is advertised in trademark journal. Opposition notice is served to
applicant or agent and a counter statement has to be filed within
two month of receipt of opposition notice. If failed application is
treated as abandoned and for filing of such notices no extension
of time is given.
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20. Can we download Trademark certificate online?
Answer: Yes, Trade Marks certificates are usually available online.
By using application number we can download it from Trade
Marks website.

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