Step 1: Conduct a Trademark Search
Before filing an application, it is advisable to conduct a comprehensive search to ensure that the desired trademark is not already registered or pending registration. This can be done through the Trademark Registry’s online database.
Step 2: Prepare the Application
The application must be prepared using the prescribed format (Form TM-A) and should include:
- Name and address of the applicant
- Representation of the trademark
- List of goods/services associated with the trademark
- Priority date (if applicable)
Step 3: Submit the Application
Applications can be submitted either online through the e-filing portal or physically at the appropriate office of the Trademark Registry based on the applicant’s principal place of business. In Haryana, this typically falls under the jurisdiction of the Delhi office.
Step 4: Examination of Application
Once submitted, the application undergoes examination by a Trademark Examiner. The examiner checks for compliance with legal requirements and assesses whether the mark is distinctive enough to qualify for registration. If objections arise, these will be communicated to the applicant.
Step 5: Responding to Objections
If objections are raised, applicants must respond within a specified timeframe. This may involve submitting additional documentation or evidence supporting the distinctiveness of the trademark.
Step 6: Publication in Trade Marks Journal
If accepted, the trademark will be published in the Trade Marks Journal. This publication allows third parties to oppose the registration if they believe it infringes on their rights.
Step 7: Issuance of Registration Certificate
If no opposition is filed within three months from publication, or if any opposition is resolved in favor of the applicant, a registration certificate will be issued. This certificate serves as proof of ownership and exclusive rights over the trademark