Trademark Registration

The trademark registration process in India is governed by the Trade Marks Act, 1999, and is administered by the Controller General of Patents, Designs, and Trademarks (CGPDTM). While the process is systematic, it involves multiple steps, and the timeline can vary depending on various factors. On average, it takes 12 to 18 months to obtain a trademark registration certificate, provided there are no objections or oppositions.

Step 1: Trademark Search and Consultation (1-2 Days)

Before filing a trademark application, it’s key to conduct a complete public search to safeguard that your desired trademark is unique and not already registered or pending. A trademark attorney will help you with this search and advise you on the availability of your chosen mark. This step can be completed within a day or two.

Step 2: Filing the Trademark Application (1-2 Days)

Once the search is complete and the trademark is deemed available, your attorney will prepare and file the application with the Trademark Registry. The application must include details such as the trademark logo/name, the class of goods/services (for Footwear, it would typically fall under Class 25 for clothing, footwear, and headgear), and the applicant’s details. Filing usually takes 1-2 days.

Step 3: Acknowledgement and Examination (7-15 Days)

After filing, the Trademark Registry will issue an Acknowledgement Receipt within 7-15 days. This receipt contains the application number, which can be used to track the status of your application. The application then goes through a formal examination process, where a trademark examiner reviews it for compliance with legal requirements.

Step 4: Examination Report Issued (1-2 Months)

The examiner will issue an Examination Report within 1-2 months of filing. This report may include objections, if any, such as similarity to existing trademarks or lack of distinctiveness. Your trademark attorney will help you respond to these objections effectively, ensuring the best chance of approval.

Step 5: Publication in the Trademark Journal (1-2 Months)

If the examiner raises no objections or your responses are accepted, the trademark will be published in the Trademark Journal. This publication allows third parties to oppose the registration if they believe it infringes on their rights. The publication process typically takes 1-2 months.

Step 6: Opposition Period (4 Months)

Once published, there is a 4-month window during which any interested party can file an opposition. If no opposition is filed, the trademark proceeds to registration. If an opposition is filed, your attorney will represent you in the opposition proceedings, which can extend the timeline significantly.

Step 7: Registration Certificate Issued (2-3 Months)

If there is no opposition or if the opposition is resolved in your favor, the Trademark Registry will issue the Registration Certificate. This usually takes 2-3 months after the opposition period ends.

Total Timeline: 12-18 Months

In a smooth scenario with no objections or oppositions, the entire process can take 12-18 months. However, if objections or oppositions arise, the timeline can extend further.

Why Hire a Trademark Attorney or Professional Service Provider?

As a business owner, your primary focus is on manufacturing, marketing, and growing your Footwear business. Navigating the legal intricacies of trademark registration can be overwhelming and time-consuming. Here’s how a trademark attorney or professional service provider can help:

1. Expert Guidance: They have in-depth knowledge of trademark laws and procedures, ensuring your application is filed correctly and efficiently.
2. Comprehensive Search: They conduct thorough searches to minimize the risk of objections or oppositions.
3. Timely Responses: They handle objections, oppositions, and other legal formalities on your behalf, saving you time and stress.
4. Peace of Mind: With a professional handling your trademark registration, you can focus on running your business while ensuring your brand is protected.

Tips for Footwear Business Owners in Agra, UP

1. Choose a Distinctive Trademark: Avoid generic or descriptive names. A unique and distinctive trademark has a higher chance of approval.
2. Register Early: The trademark registration process is “first-to-file” in India, meaning the first person to file an application gets priority. Don’t delay securing your brand.
3. Monitor Your Trademark: Even after registration, regularly monitor for any unauthorized use of your trademark.
4. Renew on Time: Trademarks in India are valid for 10 years and can be renewed indefinitely. Ensure timely renewals to maintain protection.

Source of Information:

https://www.compliancecalendar.in/trademark-opposition