Trademark Registration

Trademark / Servicemark Registration Documents/ Information Required For Filing An Application : 2 specimen of the device, but not necessary in the case of word per se. Documentary proof of first sale in respect of goods in India, if any General Power of Attorney given to us in India duly signed by the proprietor, partner or one of the Directors of the company in the case may be Literature, packaging materials or any advertising substances of the product for which sought for registration, if any A copy of Memorandum & Articles of Association or copy of Partnership Deed as the case may be STAGE 1: - SEARCH OF TRADE MARK IN EXISTANCES First of all we have to take search of your Trade Mark from AHMEDABAD/MUMBAI office. Search means it is possible that any other person may /might be using your trade mark prior to the use by your esteemed organization or we have to check (search) whether any other person has applied for registration. Please note that if your esteemed organization is using your trade mark for last 5 to 6 years then possibility of registration may be certain under common law and trade Marks law. FOR SEARCH OF TRADE MARKS WE USED TO CHARGE RS.100/- FOR ONE TRADE MARK IN ONE CLASS. Search of trade mark is not compulsory under the provision of Trade Marks Act, 1999, but it is advisable for safety purpose. STAGE 2: - FILING OF TRADE MARK APPLICATION. We have to file trade mark application before the registrar of Trade Mark in Trade Mark department. STAGE 3: - GETTING TRADE MARK NUMBERS Within 15 days of filing of trade mark application (as per present position in Trade Mark department) we will receive Trade Mark number from Trade Marks department duly signed by the registrar of Trade Marks. STAGE 4:- EXAMINATION REPORT Within one (1) month of filing of trade mark application (as per present position in Trade Marks department) we will receive examination report from Trade Marks department. In examination report the registrar of trade marks will verify (examine) the application as per the provision of Trade Marks Act, 1999. We have to reply the examination report and solve the objection raised by the registrar of Trade Marks. Moreover, we have to file documentary evidence of use of trade mark in form of affidavit. STAGE 5: - HEARING Then after matter (i.e. our application) may be fixed for hearing and we have to argue the matter on our merit. In hearing the registrar will decide whether to grant registration or not. STAGE 6: - PUBLICATION /ADVERTISEMENT OF TRADE MARKS IN TRADE MARKS JOURNAL Then after, our trade mark will be advertised in Trade Mark Journal. Trade Mark Journal is a magazine published by Central Government i.e. Trade marks department. Within 4 months, from the date of publication, if any person has any objection, such person can file notice of opposition against your trade mark. If any opposition is filed then opposition proceedings will start. It is very difficult to let you know the sections and Rules of opposition, as your good self is unknown in this field. We will let you know the same if required, If there is no objection within 4 months then you will receive registration certificate. STAGE 7: - OPPOSITION PROCEEDINGS It is very difficult to let your good self understand the opposition proceedings. Moreover, opposition proceedings depend on circumstances of each and every case. Please note that fees for opposition proceedings is separate & depends on circumstances of each and every case. We will let you know the opposition proceedings as & when you come to us. But in brief we let you know that after hearing both the parties registrar of Trade Mark shall pass order/Judgement whether to register the mark or not. STAGE 8: - REGISTRATION CERTIFICATE On completion of aforementioned stages you will get registration certificate that shall be final. STAGE 9: - RENEWAL OF TRADE MARKS As per new Trade Marks Act, 1999 your esteemed organization has to renew the trade marks every 10 year