The trademark registration process is: conduct a search, file Form TM-A online, receive the examination report, reply within one month or attend a hearing, get the mark accepted and published in the Trade Marks Journal, wait out the four-month opposition window, and receive the registration certificate. You can use TM from filing and R after registration.
Step 1: Search before you file
Search the Registry's public database for identical and phonetically or visually similar marks in your class. Also check common-law use online. A good search is the cheapest way to avoid objections and oppositions.
Step 2: File Form TM-A
- Applicant name, address and legal status
- Mark type: word, device (logo), composite, shape or sound
- Class and a precise goods or services description
- User date or proposed to be used, with user affidavit if claiming prior use
An application number is issued immediately on filing.
Step 3: Examination and reply
The examiner issues a report that may raise objections under Section 9 (absolute grounds such as descriptiveness) or Section 11 (conflict with earlier marks). File a reasoned reply within one month, with evidence of use where helpful.
Short on time? Leegal can handle Trademark Registration for you, end to end.
Get expert help →Step 4: Hearing, if needed
If the reply does not satisfy the examiner, a show cause hearing is scheduled. Arguments and evidence are presented, and the application is either accepted or refused.
Step 5: Publication and opposition
Accepted marks are advertised in the Trade Marks Journal. Third parties have four months to oppose. If opposed, you file a counter-statement within two months, and the matter proceeds to evidence and hearing.
Step 6: Registration and renewal
- If unopposed, the mark proceeds to registration and the certificate is issued.
- Start using R on the registered goods or services.
- Renew every 10 years with Form TM-R.
Frequently asked questions
What does the trademark status Formalities Chk Pass mean?
It means the application has passed the initial formalities check, such as fee and document verification, and is waiting to be sent for examination. It is an early, routine stage.
What does Marked for Exam mean?
The application has been assigned to an examiner. The next step is the examination report, which either accepts the mark or raises objections that need a reply.
What if I miss the deadline to reply to the examination report?
If no reply is filed within one month, the application can be treated as abandoned. A request for review or restoration may be possible in limited circumstances, but filing on time avoids the risk.
Can I sell or license a mark that is still pending?
Yes. A pending application can be assigned or licensed, though the rights transferred depend on the application proceeding to registration. Assignments should be recorded with the Registry.
Let Leegal handle your Trademark Registration
Documentation, filing and follow-up by a dedicated expert, so you can focus on running your business.
- Dedicated point of contact
- Transparent pricing
- Pan-India service