A Step-by-Step Guide to Trademark Application and Its Timeline in India (Trademark filing timelines)

Introduction: Embarking on Your Trademark Adventure in India

So, you’ve nurtured a unique brand name, a distinctive logo, or a memorable slogan – your business’s very own identity! Now, you’re ready to protect it legally in India by getting a trademark. Think of it like putting a unique stamp on your creations, ensuring no one else can copy your hard work. While the idea of trademark registration might seem daunting, understanding the process and its typical timeline can make the journey much smoother.

This article will walk you through each key stage of a trademark application in India, shedding light on what to expect at every “status” update. We’ll also provide essential website references where you can track your application’s progress, ensuring you’re always in the loop!

The Official Playground: Intellectual Property India (IP India)

Before we dive into the steps, it’s crucial to know your go-to resource: The Intellectual Property India (IP India) website. This is the official online portal for all things patents, designs, geographical indications, and, of course, trademarks in India. You’ll use this website for filing, checking status, and accessing various resources.

• Official Website: https://ipindia.gov.in/
• For Trademark Status Check: You can directly check your trademark application status via the “Trade Mark Status” link, usually found under the “Trademarks” section or “Related Links” on the IP India site. The direct link for public search to check status is often: https://ipindiaonline.gov.in/eregister/ApplicationStatus.aspx (You’ll need your application number).

The Trademark Application Timeline: A Stage-by-Stage Breakdown

While every application is unique and unforeseen issues can cause delays, here’s a general timeline and what each status means:

Stage 1: The Smart Start – Trademark Search (1-2 Days)

• What it is: Before you even think about filing, you should conduct a thorough search of the existing trademark database. This helps you check if your chosen mark (name, logo, etc.) is unique and not too similar to any already registered or pending trademarks. This step is optional but highly recommended to avoid future objections and save time and money.
• Your Action: Use the “Public Search” facility on the IP India website (https://tmrsearch.ipindia.gov.in/tmrpublicsearch/). You can search by wordmark, Vienna Code (for logos), or keyword.
• Status You Won’t See (as it’s pre-filing): No official status, but a successful search gives you confidence!

Stage 2: Getting on Board – Filing the Trademark Application (1 Day)

• What it is: Once your search is clear, you file Form TM-A (the application form) with the Trademark Registry. This can be done online. You’ll need to provide details like your name, address, a clear picture of your trademark, and a description of the goods or services it will be used for (classified under specific “classes” from 1 to 45).
• Your Action: File online through the IP India e-filing portal.
• What You Get: An immediate acknowledgment with your unique application number.
• Significance: From this moment, you can start using the ™ symbol next to your brand name, indicating that it’s a trademark you’ve applied for.
• Typical Status: “New Application” or “Application Filed”.

Stage 3: The Initial Check – Formalities Check (Approx. 1-3 Months)

• What it is: The Trademark Registry does a preliminary check to ensure all the necessary documents are submitted, the application form is filled correctly, and basic formalities are met.
• Your Action: Wait and monitor the status.
• Typical Status:
  • “Formalities Chk Pass”: Great news! Your initial documents are in order.
  • “Formalities Chk Fail”: Uh oh. There’s a problem with the documents or filing. You’ll need to rectify these issues, often by filing a form like TM-M with the required changes. Respond promptly!
  • “Send to Vienna Codification”: If your trademark includes a logo or design, it’s assigned a numerical code according to the international Vienna Codification system. This is a normal step for device marks.

Stage 4: The Deep Dive – Examination by the Trademark Office (Approx. 6-12 Months, but can vary)

• What it is: Your application is assigned to a Trademark Examiner. They conduct a thorough review to see if your mark meets all the legal requirements of the Trademarks Act, 1999 (e.g., distinctiveness, not deceptive, not conflicting with existing marks).
• Your Action: This is a waiting period.
• Typical Status:
  • “Marked for Exam”: Your application has been assigned to an examiner.
  • “Exam Report Issued”: The examiner has completed their review and issued a report. This report will either:
    • Accept your mark (rarely happens without minor objections for complex marks).
    • Raise “Objections” (under Section 9 for lack of distinctiveness, or Section 11 for similarity to existing marks, or both, or even formal objections).
• Responding to Objections: If objections are raised, you typically have one month from the date of receiving the examination report to file a detailed reply to the examination report. Failing to respond within this timeframe can lead to your application being abandoned. Sometimes, a “hearing” might be scheduled if the examiner isn’t satisfied with the written response.

Stage 5: Stepping into the Limelight – Publication in the Trademark Journal (Approx. 3-6 Months after acceptance)

• What it is: If your trademark is accepted (either directly or after successfully overcoming objections/hearings), it gets published in the official “Trademark Journal.” This journal is publicly available online every Monday.
• Your Action: Continue monitoring the status. No immediate action required unless an opposition arises.
• Significance: This is a crucial four-month window during which any third party (individuals or businesses) who believe your trademark infringes on their existing rights can file a “Notice of Opposition” against your registration.
• Typical Status: “Advertised Before Acc”, “Advertised”, or “Accepted & Advertised”.

Stage 6: The Challenge – Opposition Period (4 Months)

• What it is: This is the 4-month period from the date of publication in the Trademark Journal.
• Your Action: No action required if no opposition is filed.
• If Opposition is Filed: If a third party files an opposition, you will be notified. You then have two months from the receipt of the opposition notice to file a “Counter Statement” defending your right to the trademark. This can lead to further legal proceedings, including evidence submission and hearings, which can significantly extend the overall timeline (from 6 to 24 months, or even longer, depending on complexity).
• Typical Status (if opposed): “Opposed”.

Stage 7: The Grand Finale – Registration and Certificate Issuance (Approx. 1-2 Months after opposition period/resolution)

• What it is: If no opposition is filed within the 4-month period, or if any opposition is successfully resolved in your favor, your trademark proceeds to registration.
• Your Action: None. The Registry will issue the certificate automatically.
• Significance: You will receive the Trademark Registration Certificate under the seal of the Trademark Office. This grants you the exclusive right to use the trademark for the registered goods/services, and you can now use the ® symbol (Registered Trademark) with your brand.
• Typical Status: “Registered”.

Stage 8: Keeping Your Protection Alive – Renewal (Every 10 Years)

• What it is: A trademark registration in India is valid for 10 years from the date of filing. To maintain your exclusive rights, you must renew it before the expiry of this period.
• Your Action: File a renewal application (Form TM-R) within six months before the expiry date. It can be renewed indefinitely by paying the prescribed fees.
• Status: While not a “status” in the application sense, it’s a critical part of the trademark lifecycle.

How to Check Your Trademark Application Status Online (Website Reference):

1. Visit the Official IP India Portal: Go to https://ipindia.gov.in/.
2. Navigate to Trademarks: Look for the “Trademarks” section on the homepage.
3. Find “Trademark Status”: Under the “Trademarks” section, you’ll usually find a link for “Trademark Status” or “Related Links” which then leads to “Trademark Status.”
4. Choose Search Option: You’ll be directed to a page where you can select “Trade Mark Application/Registered Mark.”
5. Enter Details: Choose “National IRDI Number” (for domestic applications) or “International Registration Number” (if applicable). Enter your specific trademark application number (the one you received immediately after filing) and the CAPTCHA code.
6. View Status: Click “View,” and the current status of your trademark application, along with a history of actions, will be displayed.

General Timeline Summary (Without Objections/Opposition):

• Trademark Search: 1-2 days
• Filing Application: 1 day (you get ™ symbol)
• Formalities Check: 1-3 months
• Examination: 6-12 months (or more, if objections are raised and need responses/hearings)
• Publication in Journal: 3-6 months (after acceptance)
• Opposition Period: 4 months
• Registration Certificate Issued: 1-2 months (if no opposition or resolved)

Total Estimated Time (Smooth Process): Approximately 12-24 months

Important Considerations for a Smoother Journey:

• Accuracy is Key: Ensure all details in your application are absolutely correct. Errors can lead to “Formalities Chk Fail” and significant delays.
• Prompt Responses: If the Registry raises an objection or an opposition is filed, respond within the stipulated timeframes. Missing deadlines can lead to abandonment of your application.
• Professional Assistance: While you can file yourself, engaging an experienced trademark lawyer or IP firm in India can significantly streamline the process, handle complexities, and increase your chances of successful registration. They understand the nuances of the law and can craft effective responses to objections.

Conclusion: Your Brand’s Protection, Step by Step

Registering a trademark in India is a strategic investment in your brand’s future. By understanding each stage of the application process, patiently monitoring the status updates on the IP India website, and proactively addressing any challenges, you empower yourself to secure robust legal protection for your unique identity. Your brand’s journey to becoming a registered trademark is a marathon, not a sprint, but with the right knowledge and diligence, you’ll cross the finish line to secure your exclusive rights!

Avinash Bhatt
Email: Bhattavi93@gmail.com