Trademark application, opposition and examination reply formats
A trademark is registered by filing Form TM-A under the Trade Marks Act, 1999. After examination, the applicant replies to any objections; once advertised in the Trade Marks Journal, anyone can oppose within four months (Section 21). A registration lasts ten years and can be renewed.
Key points
- Application: Form TM-A (Section 18).
- Opposition: within four months of advertisement in the Trade Marks Journal (Section 21 read with the Trade Marks Rules, 2017).
- Registration valid for ten years, renewable (Section 25).
The law: old and new provisions
| Subject | Law now | Before 1 July 2024 |
|---|---|---|
| Trade marks | Trade Marks Act, 1999 | — |
Which court or authority
The Trade Marks Registry (online at ipindia.gov.in).
What the document should contain
- Applicant details
- The mark and its class
- Goods or services
- User date or proposed to be used
- Signature and authorisation
Documents to attach
- Representation of the mark
- User affidavit (if claiming prior use)
- Authorisation of the trademark agent or advocate, if filed through one
Procedure
- Search the register
- File TM-A online
- Reply to the examination report; attend hearing
- Advertisement, opposition period, registration
Common mistakes
- Wrong class
- Missing the reply deadline to the examination report
Frequently asked questions
How long can a trademark opposition be filed?
Within four months from the date the mark is advertised in the Trade Marks Journal.