The process for registering a trademark in Maharashtra involves several steps:
1. Trademark Search
Before filing an application, it’s advisable to conduct a comprehensive search to ensure that the proposed trademark does not conflict with existing trademarks. This helps avoid rejections based on similarity.
2. Filing Application
The application can be filed online or offline with the Trademark Registry. The necessary forms include TM-1 (for new trademarks). The applicant must provide details such as:
- Name and address of the applicant
- Description of goods/services
- Class of goods/services (as per the Nice Classification)
- A clear representation of the trademark.
3. Examination by Registrar
Once submitted, the application undergoes examination by the Registrar of Trademarks. The Registrar checks for compliance with legal requirements and may raise objections if applicable2. If there are no objections, the application proceeds to publication.
4. Publication in Trademark Journal
If accepted, the trademark is published in the Indian Trademark Journal. This publication allows third parties to oppose the registration if they believe it infringes on their existing rights16. There is a period of 90 days for any opposition to be filed.
5. Opposition Proceedings (if applicable)
If an opposition is filed, both parties may present their cases before the Registrar. A hearing may be conducted to resolve disputes regarding the trademark’s registrability.
6. Registration Certificate Issuance
If there are no oppositions or if they are resolved in favor of the applicant, the Registrar issues a Trademark Registration Certificate. The owner can then use the ® symbol next to their trademark.