Trademark Application Allotment

In India, or any country abroad, the entire procedure of trademark registration comprises the following stages or tasks --- the application filing after Trademark Search, trademark examination, publication or advertisement, trademark opposition, and then, trademark registration. In India, these processes are guided and regulated strictly as per the Trade Marks Act of 1999, the Trade Marks Rules of 2002, and the amendments made thereto so far. Here, only the two first processes or tasks, namely, the trademark application filing or trademark application allotment, and the trademark examination, are elucidated, to help our visitors. Information regarding other processes related with trademark registration in India, can readily be found on the pertinent web-pages of this internationally famous legal website of India.

An application for trademark registration is filed with the immediately concerned zonal office of Trademark Registry, together with the prescribed fees. The application should necessarily be filed after verifying the originality and uniqueness of the proposed trademark/service mark, in order to avert the instance of the rejection of the filed application by the Registrar of Trademarks later. After official receipt of the filed application for trademark registration, the office of trademarks registry will provide a trademark application allotment number to the applicant, within few days of the date of official filing. After receipt of this number, the applicant is authorized to affix the symbol of TM or SM next to the proposed trademark or service mark for proper registration. This application allotment number is also useful for tracking the current status of the registration procedure.

Trademark Examination

The stage or process of trademark examination is one of the vital and most significant processes related with registration of a trademark or service mark. On receipt of the filed application for trademark registration, the trademark registry office will apply the scrutiny given in the Vienna Agreement of 1973. This Vienna classification or codification identifies a trademark/service-mark based on the figurative elements of marks. Then, after completion of this codification, the Trademark Officer will conduct a comprehensive and critical examination of the proposed mark, based on the relative grounds (given in Section 11) or absolute grounds (described in Section 9) given in the Indian Trade Marks Act of 1999. The examination report will then approve or reject the proposed mark. In the general case, the examination report is given within one month of the date of filing the application, if all things in the application are found unobjectionable. Then, the registrar of trademarks will publish the application in the trademarks journal. By the way, in case of any objections from the Trademark Officer, the applicant has to satisfy him, through giving clarification and supporting documents.

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