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How to File a Trademark

Prior to the application of a trademark for your goods or service, it is important to understand the various processes that are involved in filing for a trademark and also conduct a comprehensive search to understand if there are other activities that are involved in the process. Generally, applications that are received for trademark are classified under two broad categories in India, depending on the type, called as the ordinary trademark and conventional application. For trademarks of the conventional types, the document needs to be filed within six months from the time of application in India.

Once filed, the trademark is examined for registrability the by the Indian patents office for its unique and distinctive nature. If accepted, the office with then issue an order of acceptance and then the trademark is sent for publication. Additional evidences are required during the time of examination and before the publication of the trademark. Generally, it occurs from a period of three to four months of filing the application, however, there could be a request placed for expediting the process and it might cost nearly more than the fees prescribed for mere application process. There are documents that are required in the process of filing a trademark or a patent and thus, it is important that you get prepared well ahead of time.

Requirements For Filing a Trademark

The basic requirements that are involved in the application of a trademark include:
  • Name, address and other details such as the nationality of the individual filing for an application. It should also include other details such as; the application is a company or an individual.
  • The shape of the trademark from various angles, bottom, top and side views.
  • If it is for an international purpose.
  • The various descriptions for services or goods.
  • The proposed date of usage in India.
  • Description of the trademark in English, if not given in any of the Indian languages.
  • The details pertaining to the power of authority and it need to be stamped per the Indian standards. It should be within a period of one month from the date of filing and notarization, the legalization is not a mandatory process always.