Registering a trademark in India involves conducting a trademark search, preparing and submitting the application, undergoing a formal examination, publication and opposition period, and finally receiving the trademark certificate. The entire process typically takes 12-18 months and costs vary depending on the specifics of your application. For more information and assistance, consult the CGPDTM's website (http://www.ipindia.nic.in/) or hire a local attorney or agent specializing in intellectual property.
Before starting the registration process, it is crucial to ensure that your desired trademark does not infringe on existing trademarks. You can perform a search using the database provided by the Controller General of Patents, Designs and Trademarks (CGPDTM) at http://ipindiaservices.gov.in/publicsearch/. If you need assistance, you can hire a local attorney or agent specializing in intellectual property.
After confirming that your desired trademark is unique, you need to fill out the application form. The form can be accessed online through the CGPDTM's website (https://ipindiaonline.gov.in/). Your application should include:
Upon receiving your application, the CGPDTM will conduct a formal examination to ensure all requirements are met. If any deficiencies are found, you will receive a notification and be given a deadline to correct them. This stage typically takes 3-4 months.
Once your application passes the formal examination, it will be published in the Trade Marks Journal. This publication initiates a four-month opposition period, during which third parties can file objections against your application.
If no opposition is filed, or if any opposition is successfully resolved, the CGPDTM will register your trademark and issue a certificate of registration. This step usually takes 6-9 months from the date of application.
Indian trademarks are valid for ten years from the date of registration and can be renewed indefinitely for successive ten-year periods. Renewal applications must be filed within six months before the expiration date or during a six-month grace period following the expiration date, with additional fees for late renewals.