Once the Trade mark application is filed with the Registry, the Indian Trade Marks Office will conduct the examination of the application in order to check whether the Trade mark can be registered or a similar Trade mark already exists in the Registry.

The prosecution of the Trade mark starts if an objection is raised against it in the examination report issued by the examination officer. A written response along with evidence of distinctiveness should be filed in order to overcome any objections. If the objection is not waived after the response, a show cause hearing is conducted with the examiner. In case the show cause hearing turns out to be unfruitful, the applicant can appeal before the Intellectual Property Appellate Board (IPAB).

If the Trade mark application is allowed, the trademark is advertised in the Trade Marks Journal in order to invite any opposition from present TM holders.  In case there is any opposition, the prosecution of the Trade Mark further moves to opposition proceedings at respective Branch Office. If the opposition is allowed after the Trade Mark prosecution, an appeal can be made before the IPAB.

Tackling Trademark Prosecution

The Trade Mark attorneys at LexOrbis have years of experience in tackling trade mark prosecution. Our Trade Mark experts can advise clients on prosecution tackling strategies and create a formidable defense. Our expert attorneys can analyze each trade mark application and provide the best possible course of action which suits the respective circumstances.