This search is to check whether your business name or logo is similar to other already registered trademarks. Generally trademark agent or attorney conducts this search with the Trademark Office to check if there are any similar trademarks already registered under that particular class. There are two kinds of search: online and offline. It is recommended that you get both the searches done. Once found to be unique you can proceed to the next step: Step 2: create trademark application
(time required: 2-3 days)
Based on the results of the search conducted, the trademark attorney will draft trademark application, provided that your business name / logo found to be unique. If someone already has the same or similar trademark, you need to change yours. Or if you are of opinion that the trademark is rightfully yours and you are using it since long time even before other party trademark registration. You can start using ™ symbol as soon as you file the form of trademark application. tep 3: trademark registration
(time 18 to 24 months) Cost: Government fees is Rs. 4000/- and trademark attorney professional fees is Rs. 3000/- per application per class
The Trade marks office will first check your application to see if it's already been taken. If it has, a trademark objection will be raised.
If it has no objection, it makes an advertisement in the Trade Marks Journal.
If there is no opposition from other businesses in the next four months, your trademark is registered around six months later.
Steps you need to take to registration your trademark in India:
Select and authorize a trademark agent or attorney to represent you.
The trademark attorney conducts a search.
Depending upon the results of the search, the trademark attorney will draft your trademark application. In case someone already has the same or similar trademark, you may have to change yours.
The trademark attorney will file your trademark application with the Trademark Office and send you the receipt.
After a few days, the trademark attorney will send you the Original Representation Sheet of your trademark as it has been filed with the Trademark Office.
It can take anywhere between 18 months to 2 years for the Trademark Office to decide whether or not to grant you the trademark; if there are objections from the trademark office or from anyone else, it may take longer. And your trademark is published in the Trademark Journal.
CAclubindia
