How Long Does Trademark Registration Take in India?

Trademark registration is an important legal process that grants your brand exclusive rights and protection under the law. While applying for a trademark is relatively straightforward, many businesses often ask how long it actually takes to get a trademark registered in India. The answer depends on various factors, including the completeness of your application, objections, oppositions, and government processing times.

Filing the Application – 1 to 2 Days

The process begins by filing the trademark application with the Indian Trademark Registry. If all documents are in order and the mark is available, the filing can be completed within one or two working days. After successful submission, you receive an acknowledgement and your application number, which allows you to start using the ™ symbol.

Examination by the Trademark Office – 4 to 6 Months

Once the application is filed, it undergoes a formal examination by the Registrar. This step generally takes four to six months, depending on the workload of the registry and the accuracy of your application. The Registrar checks if the mark is unique and complies with all legal requirements. If no objections are found, the application moves forward. If objections are raised, the applicant is required to respond.

Reply to Examination Report (if any) – 1 to 2 Months

In case of objections, a detailed response needs to be submitted, justifying why the trademark should be registered. If the Registrar is satisfied with the reply, the application proceeds to the next stage. If not, a hearing may be scheduled, which could extend the timeline by a few more weeks or months.

Publication in Trademark Journal – 3 to 4 Months

After the examination stage is cleared, the trademark is published in the official Trademark Journal. This publication is made so that the public can review the proposed registration. If no opposition is received within four months of publication, the application moves ahead. If there is an opposition, the applicant and the opposing party must submit evidence and attend hearings, which can delay the process significantly.

Registration and Issuance of Certificate – 1 to 2 Months

If there is no opposition or if any opposition is successfully resolved, the trademark is approved for registration. The final registration certificate is usually issued within one or two months from the date of approval. After receiving this certificate, the applicant can start using the ® symbol with their brand.

Total Time for Trademark Registration

On average, if there are no objections or oppositions, the entire process of trademark registration in India takes approximately 8 to 12 months. However, in case of delays due to legal proceedings, the timeline may extend beyond 18 months or more.

Conclusion

While the process of trademark registration in India can take time, the benefits of having a legally protected brand far outweigh the waiting period. Timely filing, clear documentation, and professional assistance can help reduce delays and ensure a smoother registration journey. If you are planning to protect your brand identity, starting the process early is always a smart move.