Step 1: Trademark Search
Before applying for registration, it is essential to conduct a thorough Trademark Search to ensure that the desired mark is not already registered or similar to existing trademarks. This step helps avoid potential objections during the application process.
Step 2: Application Preparation
Once the trademark search confirms availability, the next step is preparing the application. This includes filling out Form TM-1 and Form TM-48 (if applicable), which require details about the applicant and the trademark itself.
Step 3: Filing the Application
The completed application must be filed with the Trademark Registry, which for businesses in Patna falls under the jurisdiction of the Kolkata office. The filing fee varies based on the type of applicant:
- Individual/Startup/Small Enterprise: ₹4,500
- Others: ₹9,000
Step 4: Examination by Trademark Registry
After filing, the application undergoes examination by the Trademark Registry to check for compliance with legal requirements. If there are no objections or issues identified during this phase, the trademark will be published in the Trademark Journal.
Step 5: Opposition Period
Once published, there is a 90-day opposition period during which third parties can challenge the registration if they believe it infringes on their rights. If no opposition is filed, or if opposition proceedings are resolved in favor of the applicant, the trademark proceeds to registration.
Step 6: Issuance of Registration Certificate
Upon successful completion of all steps and resolution of any oppositions, a registration certificate is issued. The trademark is valid for ten years from the date of application and can be renewed indefinitely for additional ten-year periods.