Trademark Examination

The first step before filing a trademark application is trademark search, once the search report guarantees availability of the mark than it has to be filed as early as possible so that the monopoly can be exercised and legal right can be safeguarded properly. After the application gets filed the next process is examination of trademark. Trademark application is examined in India within six to seven months from the date of filing the application. It is to be noted that this is the most important stage of trademark registration. Any objection by the examiner in the Trademark examination report delays the registration process.

A trademark examination report must be replied by the applicant or his authorized lawyer or agent within one month from the date of receipt of the same. Any delay in filing the reply results in abandonment of the application. Thus, the date of receipt of examination report and date of filing the reply must be taken into consideration systematically so as to curtail the rise of any problem that may hamper the registration process of the application. Law firms have fixed rate of charging towards the registration of trademarks. Nowadays many individual practitioners have started filing the applications for a very low rate. As people are unaware of the registration process they fall prey in the hands of this practitioners.

It is to be noted that trademark registration looks very simple but in case it gets objected by the examiner than it has to be resolved technically which is not possible for this practitioners who specializes in other legal fields, but takes trademark matters just to earn extra money. Trademark should not be taken lightly and should not be assigned to lawyers or practitioners who don't have any knowledge concerning the same. Once the examination report gets replied systematically, the examiner publishes the mark in trademark journal or calls for hearing. The mark lies in the journal for four months and after that gets registered (unless it is opposed). Thus, the main process of trademark registration starts only when the examination report is issued and in order to save little money it is recommended not to assign this to people who cannot reply the same systematically.

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