An Indian trademark application passes through six defined stages. Roughly thirty days after filing you may begin using the TM symbol; the certificate itself typically arrives twelve to fifteen months later where there is no objection or opposition. Here is what happens in between.
Stage 1 — The search
A search of the Trade Marks Registry establishes whether the mark, or one deceptively similar to it, is already applied for or registered in the classes that matter to you. If a similar prior mark exists, filing anyway risks refusal, and the prior owner may demand cancellation of your registration and financial compensation. This stage is where a filing is saved or abandoned, and it should always come before you print packaging.
Stage 2 — Choosing the classes
A trademark is protected only for the classes of goods and services you actually claim. Claim too narrowly and a competitor may occupy the adjacent class; claim goods you never sell and you can lose protection, because a mark unused for its claimed goods or services for five years becomes vulnerable to removal. The specification is drafted around what the business sells now and what it credibly plans to sell.
Stage 3 — Filing Form TM-A
The application is prepared, signed by you, and e-filed. On submission you receive an application number and a PRN, both of which we pass on to you the same day. From roughly thirty days after filing you may use TM on goods, or SM on services. The ® symbol may not be used until the mark is actually registered — using it while an application is pending is itself an offence.
Stage 4 — Examination
The Registry examines the application and usually issues an examination report. Objections are commonly raised under Section 9 (the mark is descriptive, laudatory or non-distinctive) or Section 11 (it conflicts with an earlier mark). A written reply is filed, supported by evidence of use and distinctiveness where available, and a hearing may follow.
Stage 5 — Publication in the Trade Marks Journal
Once accepted, the mark is advertised in the Trade Marks Journal. Any third party may oppose it within four months. If nobody does, the application proceeds. If an opposition is filed, a counter-statement, evidence and hearings follow — which is why we keep every client's portfolio under journal watch.
Stage 6 — Registration and beyond
The Certificate of Registration is issued and the ® symbol may now be used, with the goods and services listed in the registration. Registration is valid for ten years under the Trade Marks Act, 1999 and is renewable indefinitely. Only the owner of a registered mark can sue for infringement; unregistered marks have no enforceable protection under the Act.
How long the whole thing takes
- TM symbol usable — about 30 days from filing
- Uncontested application to certificate — typically 12 to 15 months
- With objections or an opposition — commonly 18 to 36 months
- Validity once granted — 10 years, renewable
Frequently asked questions
When may I start using the ® symbol?
Only after the Registry has actually registered the mark, and only in relation to the goods and services listed in the registration. While the application is pending, use TM for goods or SM for services.
What happens if I receive an examination report?
It is normal, not fatal. A written reply is filed addressing each objection, supported by evidence of use and distinctiveness, and a hearing may be fixed. We handle the reply and the hearing as part of the engagement.
Can somebody stop my mark after it is published?
Yes. Any party may file an opposition within four months of publication in the Trade Marks Journal. A counter-statement and evidence follow, and the matter is decided by the Registrar.
This guide is general information, not legal advice, and statutory fees change from time to time. For a position specific to your mark, call +91 86053 56883.