
| Trademark Application and Prosecution in India |
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A trademark application can be filed by using the TM-1 form accompanied by a fee of Rs. 2500 in the Trademark Registry. The office of the Trademark registries is located at Ahemdabad, Chennai, Delhi, Kolkata and Mumbai. Any person claiming to be a proprietor of a trademark can apply for its registration to a trademark office under the jurisdiction in which such person carries on his business either by himself or by an authorized lawyer. In case the applicant does not carry on business in India then it can be filed in the office under the jurisdiction in which the lawyer appointed by such applicant is located. Alternatively, an e-filing of the application may also be made at https://www.ipindiaonline.gov.in/etmr/. The Registrar examines the application and gives the applicant an opportunity of being heard after which he accepts the application. After acceptance the application is advertised in the Trademarks Journal. Any person interested in the trademark in question can file an opposition within a period of three months from the date of publication in the journal. The registrar then gives the parties an opportunity of being heard and either registers the trademark or rejects the application. In case of registration the registrar issues a certificate of registration, which is the conclusive proof of registration. In India the whole trademark process might take about 12 to 18 months. A registered trademark is valid for a period of 10 years after which it is subjected to renewal. To know more about the Trademark Application Procedures in India, mail This e-mail address is being protected from spambots. You need JavaScript enabled to view it |
