Introduction
Securing a trademark is a crucial step for any business looking to protect its brand identity. Whether you’re an entrepreneur or an established company, understanding the timeline and process for trademark registration in India is essential. The question, “How long does it take to get a trademark?” is one of the most common queries among business owners. On average, the trademark registration process in India can take anywhere from 1 to 2 years. However, several factors, including application scrutiny, objections, and legal procedures, can influence this duration.
What Is a Trademark and Why Is It Important?
A trademark is a symbol, word, or phrase legally registered or established by use as representing a company or product. It’s a form of intellectual property that differentiates your goods or services from those of others. In essence, a trademark is your brand’s identity. It protects your brand from unauthorized use, ensuring that only you have the right to use the brand name or logo associated with your business. Business owners often come across this question, “How long does it take to get a trademark?”. Understanding the time involved in Trademark Registration Process in India
1. Preliminary Trademark Search
Duration: 1-3 Days
Before you file your trademark application, it’s crucial to conduct a preliminary search in the Indian Trademark Registry database. This search ensures that your desired trademark isn’t already in use by another entity. It’s a vital step because a conflicting trademark could lead to objections or even rejection of your application.
2. Filing the Trademark Application
Duration: Immediate to a Few Days
Once you’ve confirmed that your trademark is unique, the next step is applying with the Trademark Registrar i.e., TM application filling. You can apply online on your own or can contact us for assistance. After submission, you’ll receive an official receipt along with a unique application number. This number allows you to track your application online and gives you the right to use the ™ symbol next to your brand.
3. Examination Report by the Registrar
Duration: 8-12 Months
After filing, your trademark application is assigned to a Trademark Examiner Officer who examines it for distinctiveness and checks for any potential conflicts with existing trademarks. If the officer finds any issues, they will issue an examination report, to which you must respond within one month from the date of generation of the examination report. The time taken for this examination can vary, but it typically lasts between 8 to 12 months.
4. Advertisement in the Trademark Journal
Duration: 4-5 Months After Approval
If your trademark application passes the examination stage without any objections, or if the objections are satisfactorily resolved, your trademark is then published in the Trademark Journal. This publication gives the public a chance to oppose the trademark if they believe it infringes upon their existing rights within four months from the date of publishing.
5. Opposition Phase
Duration: 4-12 Months
During the publication period, any third party can oppose your trademark if they have valid grounds. If an opposition is raised, both parties will enter a legal proceeding to resolve the issue. This phase can significantly extend the trademark registration timeline, depending on the complexity of the opposition. This period will not be calculated if no opposition takes place.
6. Trademark Registration Certificate Issuance
Duration: 1-2 Months After Approval
If no opposition is filed, or if any opposition is resolved in your favour, the Registrar will issue a trademark registration certificate. This document officially grants you the right to use the ® symbol next to your trademark, indicating that it is registered and protected by law.
Factors That Can Influence the Trademark Registration Timeline
Application Scrutiny
The thoroughness of the examination process can affect how long it takes to get a trademark. If the Trademark Officer finds your application to be clear of issues, the process will move faster. However, if there are objections, the time taken to resolve them can add several months to the process.
Opposition from Third Parties
Opposition from other entities during the journal publication phase can significantly delay your trademark registration. Resolving these disputes through legal channels can be time-consuming.
Legal Procedures
In cases where objections are raised, the process can be extended by the need for additional documentation, hearings, and other legal formalities.
Conclusion
The trademark registration process in India can be complex and time-consuming, taking anywhere from 14 to 36 months or longer, depending on various factors. However, understanding each step and being prepared for potential challenges can help streamline the process. Starting with a unique and distinctive brand name or logo can significantly reduce the likelihood of objections or oppositions, speeding up your trademark registration.
Ready to protect your brand? Start your trademark registration today and secure your business’s future with LexIndia IP Solutions.
