The Trade Marks Registry follows a systematic process for various office actions with defined timelines. The issuance of an Acknowledgment Receipt upon filing an application involves document reception, fee verification, and data entry, completing within fifteen days.
The 1st Examination Report, covering classification, allocation, formal examination, similarity search, and reporting, takes approximately four months.
Action on the applicant’s reply is addressed within three months. Acceptance and subsequent publication, requiring reply processing, data entry, and TM e-Journal publication, is accomplished in two months.
The timeline for deciding Opposition proceedings varies case by case. For the registration of a trademark without opposition, encompassing acceptance, publication, a two-month opposition period, and issuance of a demand notice, the process takes six months.
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The issuance of a Registration Certificate post-publication and fee reception occurs in three months. A Trademark Search Report, requested on form TM-55, is provided within fifteen days. Miscellaneous requests, such as certified copy issuance or change of details, are processed in one month.
The time to decide invalidation/cancellation proceedings depends on individual case circumstances.
| SN | Type / Nature of Office Action | Average Time for Disposal (Working Days) |
|---|---|---|
| 1 | Issuance of Acknowledgement Receipt on filing application. This includes following steps:
|
Fifteen days |
| 2 | Issuance of 1st Examination Report on application. This includes following steps:
|
Four months |
| 3 | Action on reply received from the applicant | Three months |
| 4 | Acceptance and subsequent publication on compliance of all legal/codal requirements. This includes following steps:
|
Two months |
| 5 | Process time to decide an Opposition proceedings | It depends on case to case basis |
| 6 | Registration of Trade mark – where no opposition received. It includes following steps:
|
Six months |
| 7 | Issuance of Registration Certificate of trademark after publication from reception of Fee for Demand Notice | Three months |
| 8 | Trademark Search Report from request on form TM-55 | Fifteen days |
| 9 | Miscellaneous requests where hearing is NOT required. E.g.:
|
One month |
| 10 | Process time to decide invalidation / cancellation Proceedings | It depends on case to case basis |
Source: IPO
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