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Any individual, company, partnership firm, or legal entity can apply for a trademark. Here are the steps to apply for a trademark in India:
Conduct a trademark search: Before applying for a trademark, it is essential to conduct a trademark search to ensure that the proposed mark is not already registered or applied for by someone else.
Choose the appropriate class: Identify the class or classes under which your goods or services fall. There are 45 different classes, and you need to choose the class or classes relevant to your business.
Draft and file the application in TM-A: Once you have identified the class and conducted a trademark search, you can draft the trademark application. The application can be filed online or offline with the Trademark Registry in India.
Pay the application fees: You need to pay the required fees for the trademark application.
Receive acknowledgement receipt: Once you have filed the application and paid the fees, you will receive an acknowledgement receipt from the Trademark Registry.
Wait for examination report: After filing the application, the Trademark Registry will examine the application and issue an examination report. If there are any objections, you will be given an opportunity to respond.
Publication in the Trademark Journal: If there are no objections or after you have successfully resolved them, your trademark will be published in the Trademark Journal.
Wait for opposition period: The trademark will be open for opposition for four months from the date of publication in the Trademark Journal. If there is no opposition or if it is successfully resolved, your trademark will be registered, and you will receive a registration certificate.
The entire process of obtaining a trademark registration may take around 18-24 months, depending on the complexity of the application and the objections raised by the Trademark Registry or third parties.