A trademark search is the process of checking whether a
proposed brand name, logo, or slogan is already registered.
It helps in determine the availability of the mark before
filing an application.
Conducting a trademark search helps in avoiding legal conflicts,
reducing the risk of application rejection and saves time as well
as costs associated with rebranding.
A Trademark search is not legally mandatory. However, it is
highly recommended to minimize objections or opposition during
the registration process.
A trademark search is conducted through the IP India official
website via Online Public Search Portal. The search process
includes selection of class, searching by word mark and
reviewing with similar or identical marks.
Yes, a basic trademark search can be done online. However,
professional searches conducted by IP attorneys are strongly
advised as it provides deeper analysis, including risk
assessment and likelihood of objections.
An initial online search can take a few minutes. However, a
detailed professional search and legal opinion may take 1–3
working days.
A trademark objection is generally raised by the Examiner
during the examination process. It occurs when the trademark
requires clarification or justification, and such objections
are outlined in the Examination Report issued to the
Applicant.
Trademark objections in India are raised under the Trade Marks
Act, 1999, primarily under Section 9 (Absolute Grounds), which
relates to lack of distinctiveness or descriptive marks,
and Section 11 (Relative Grounds), which deals with
similarity to existing trademarks.
The time limit to file a response to the Examination
Report/Provisional Refusal in India is 30 days from the
date of receipt of the examination report.
When the Applicant fails to file a reply/response to the
examination report/provisional refusal within the
prescribed time, the trademark application may result
into the abandonment.
Registering your brand name in India doesn’t have to be
complicated—when done right. The process includes a
trademark search, application filing with the Trademark
Registry India, examination, and publication in the
Journal. If no objections arise, your brand gets officially
registered.
At Filfox IP, we ensure hassle-free trademark filing,
accurate documentation, and dedicated support—so your
brand gets protected without stress.
A trademark is valid for 10 years, after which it must be
renewed to maintain protection. Renewal can be filed
within one year before the expiry date or within six
months after expiry, however, payment of late fees will
be applicable here.
If the trademark is not renewed, you can apply for renewal
within 6 months and restoration within 1 year by paying
additional fees.
No, an international trademark application cannot be filed
without a basic application or registration in the applicant’s
home country. In order to apply under the Madrid System,
the Applicant must first file or obtain registration of a
trademark in their home jurisdiction, which will serve as
the basis for the international application.
The international trademark application can be filed either
by way of Direct/Conventional Filing or Madrid System.
Under Direct Filing the applicant can file separate
trademark applications in each country with the assistance
of local attorney of respective country. On the contrary,
the Applicant can file single application and select a
number of countries at once for trademark protection.
An international patent application allows inventors to
seek protection for their invention in multiple jurisdictions
by filing a single application, rather than applying
separate national or regional patent applications.
The Patent Cooperation Treaty (PCT) is globally recognised
and managed by WIPO that provides protection in more
than 150 countries. This treaty has simplified the
process of filing an international patent in a large
number of countries by filing a single application.
An applicant must file the PCT application
within 12 months
from the date of filing the first national or regional
patent application (priority date). Thereafter, the PCT
system provides up to 30 or 31 months from the priority date
to decide in which countries to pursue patent protection.
Any Individual, Startup, SMES, Global Innovators or
Company that is a resident or citizen of India can file
an international application through the Indian Patent Office.
Yes, the key requirement for filing an international
application is that the Applicant must first file a
patent application in India or obtain a foreign filing
license from the Indian Patent Office before filing abroad.
In order to register a patent in India, you will need
to file a patent application with the Indian Patent
Office, followed by publication, examination, and grant.
The process includes drafting the specification, filing
the application, and responding to objections if any.
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