What Happens After You File a Trademark? Steps to Monitor Your Application
Filing a trademark application is a big step in protecting your brand, but the process doesn’t end there. After submission, your application enters several important stages before it’s officially registered. It’s crucial to understand what happens after you file and how to monitor your trademark application throughout the process.
In this blog, we’ll walk you through each step that occurs after you submit your trademark application in India, including how to track your application, respond to objections, and ensure your brand gets the protection it needs.
1. Acknowledgment and Filing Receipt
Once your application is submitted, you will receive an acknowledgment or filing receipt from the Indian Trade Marks Registry. This receipt confirms that your application has been received and provides you with a filing date and application number. Keep this information handy, as it will be useful for tracking your application and communicating with the trademark office.
Key Point: The filing date is important because it establishes your priority in case someone else files a similar application after you.
2. Formal Examination
The next step is the examination phase, where your application is reviewed by a trademark examiner at the Trade Marks Registry. The examiner checks the application for completeness and accuracy, ensuring that it complies with Indian trademark law. They will look for any conflicts with existing trademarks, review the classification of your goods or services, and evaluate whether your mark is distinctive.
#What After You File a Trademark? Steps to Monitor
Possible Outcomes of Examination:
Acceptance without objection: If your application meets all legal requirements, it will proceed to the next stage without issue.
Objection raised: If the examiner identifies any issues, they will issue an Examination Report (also known as an Office Action), detailing the objections.
Common objections may include:
Similarity to an existing registered or pending trademark.
Lack of distinctiveness (if the mark is too descriptive or generic).
Incorrect classification of goods or services.
3. Responding to an Objection
If your application receives an objection, you will have a set period to respond (usually 30 days from the date of the Examination Report). At this stage, you can either:
Submit a written response addressing the objections.
Request a hearing with the trademark office to present your case.
Failing to respond to the objections in time can result in the abandonment of your application, so it’s important to address any issues promptly.
Tip: Working with a trademark attorney can help you prepare a strong response to any objections, ensuring your application continues smoothly.
4. Publication in the Trade Marks Journal
If the examiner accepts your application after the examination or once the objections have been resolved, your trademark will be published in the Trade Marks Journal. This publication marks the beginning of the opposition period, which allows third parties to oppose your trademark if they believe it conflicts with their existing rights.
Opposition Period:
The opposition period in India lasts for four months from the date of publication.
During this time, any person or business can file an opposition if they believe your trademark infringes on their own.
If no oppositions are filed during this period, your trademark will proceed to registration. However, if an opposition is filed, you will need to defend your trademark in opposition proceedings, which may involve submitting evidence, attending hearings, and presenting your case.
5. Trademark Registration
If no opposition is filed or if you successfully defend against any oppositions, your trademark will be registered by the Trade Marks Registry. At this stage, you will receive a Certificate of Registration, officially granting you exclusive rights to use the trademark for the goods or services specified in the application.
Once registered, your trademark is protected for an initial period of 10 years, after which it can be renewed indefinitely.
6. Monitoring Your Trademark Application
Throughout the trademark registration process, it’s important to monitor the status of your application to ensure everything is moving smoothly. The Indian Trade Marks Registry allows you to track your application online.
How to Track Your Application:
Visit the IP India website and navigate to the Trademark Application Status section.
Enter your application number to view the current status of your application.
Regularly checking the status can help you stay informed about any developments or issues that arise during the process.
7. Trademark Renewal and Maintenance
After your trademark is registered, it’s important to keep track of its renewal deadlines. In India, trademarks are valid for 10 years from the date of registration, after which they must be renewed to maintain legal protection.
How to Renew a Trademark:
File a renewal application with the Trade Marks Registry.
Pay the applicable renewal fees.
You can renew your trademark indefinitely, as long as you continue using it and renewing it every 10 years.
8. What Happens if an Opposition is Filed?
If someone files an opposition against your trademark during the publication stage, you will need to prepare a defense to maintain your application’s progress. Here’s what happens if an opposition is filed:
Notice of Opposition: The third party submits a Notice of Opposition within the four-month opposition period, outlining their reasons for opposing your mark.
Filing a Counter statement: You will have two months from the date of receiving the notice to file a Counter statement responding to the opposition.
Evidence and Hearings: Both parties may submit evidence to support their case, and the matter may proceed to a hearing before the Registrar of Trademarks.
Decision: The Registrar will make a decision based on the evidence and arguments presented.
If you successfully defend against the opposition, your trademark will move on to registration. If the opposition is successful, your application may be rejected.
Conclusion
Filing a trademark application is just the beginning of the process. Monitoring your application and responding to any objections or oppositions is crucial to ensuring your trademark gets registered and protected. From the formal examination to publication and registration, each step requires attention to detail and prompt action to avoid delays or rejections.
At Expert Jurist LLP, we help businesses navigate the trademark registration process, from filing the initial application to defending against objections and oppositions. Contact us today to learn how we can help you protect your brand every step of the way.
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