Many entrepreneurs do not comprehend the importance of a trademark search. Having a unique brand name in mind is not good enough reason to avoid a trademark search. Therefore, trademark search helps you to know if there are similar trademarks available in the class of goods or services which you deal and it gives you a fair picture of where your trademark stands, sometimes, it also gives you a forewarning of the possibility of trademark litigation.

Filing Trademark Application in India after you are sure that your chosen brand name or logo is not listed in the Trademark Registry in India, you can opt for registering the same. The first step is to file a trademark application form at the Trademark Office, India. The Indian trademark offices are located at Chennai, Delhi, Mumbai, Kolkatta. Nowadays, filing is mostly done online. Once the application is filed, you can start using TM alongside your brand.

After a trademark application is filed, it is examined by the examiner for any discrepancies. The examiner might accept the trademark absolutely, conditionally or object. If not accepted an examination report will be issued and response to the objections is called for. Once such response is accepted, the trademark is published in the Trademark Journal. If the response is not accepted, one can request a hearing and pursue further remedies depending on the outcome.

The step of publication is incorporated in the trademark registration procedure so that anyone who objects to the registering of the trademark has the opportunity to oppose the same. If, after 3-4 months from publication there is no opposition, the trademark proceeds for registration. In case there is opposition; there is a fair hearing and decision are given by the Registrar.

Once the application proceeds for trademark registration, following publication in Trademark Journal, if any prior user or person having similarly registered trademark is offended, he can move an application for opposition of registration on the ground that the mark intended to be registered in deceptively similar to his mark. The Registrar after hearing the parties will pass an order accepting or rejecting the Opposition.

Once the application proceeds for trademark registration, following publication in Trademark Journal, and depending on the outcome of opposition proceedings if any, a registration certificate under the seal of the Trademark Office is issued for a period of 10 years. Trademark Renewal The trademark can be renewed perpetually after every 10 years. Hence, your logo or brand name registration can be protected perpetually.