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Trademark Prosecution

A trademark application should be accompanied by three copies of TM-1, five copies of Additional Representation and statutory fees of rupees two thousand five hundred through Cheque, Demand Draft or cash. A trademark application can be filed by applicant, agent or advocate. However, if the application gets filed by an advocate or agent than the applicant is supposed to issue a Power of Attorney in form TM-48 of the Trademarks Act, 1999 authorizing the agent or advocate to look after the application on his behalf. An Examiner of Trademarks shall not prosecute a Trademark application unless he finds all the requisite documents in order as prescribed by the Trademarks Registry. It normally takes a year to register a Trademark. The prosecution part mainly consists of filing reply to objections of the examiner, attending hearing and clarifying all the doubts of Examiner and Registrar effectively.

Trademark Prosecution Process

After six to seven months from the filing of a trademark application an examination report is issued by the Trademark Registry. The applicant is supposed to file a reply or apply for hearing pertaining to the captioned examination report. It is to be noted that the reply must be filed within one month from the date mentioned in the examination report or else the same shall be treated as abandoned by the client. If the examiner gets satisfied with the examination report he shall cause the application to be published in the trademark journal or else he shall ask the agent, applicant or advocate as the case may be to appear before him for hearing. After publication in the trademark journal if the mark is not opposed for four months the mark gets registered. This is the basic prosecution process concerning trademark.