The registration of a trademark is essential for the enforcement of rights, concerning trademarks in India. Trademarks have been referred to as words and symbols that is used for graphical representation. In India, a mark can be registered as a trademark by any of the person who wishes to register the mark as a trademark. The process of registration of a trademark provides initialisation to the trademark and makes it easier for the people for distinguishing the marks, thereby increasing the brand identity and awareness of the mark.

i.Public Search: The first step for trademark registration is to conduct a public search. Therefore, a trademark search helps the applicant and the attorney in knowing if there are similar registered trademarks available and also gives a fair picture of the status of the trademark. The search would help the people to know about the already registered trademarks, restricting public deceit and confusion.

ii.Selecting a trademark Attorney: Then, the applicant or the proprietor, or the owner must hire a trademark attorney, who would conduct the basics of the registration process, namely searching, preparing, filing, drafting, and prosecution of the trademark.

iii.Determination of a trademark: The attorney would then conduct a search on the trademark i.e., the trademark to be registered must act in compliance with Section 2 (1) (zb) of the Trademarks Act, 1999 and the principle of distinctiveness. Further, he would also conduct a clearance search for checking if there is a similar mark registered in the register of the office of the Controller general.

iv.Filing of the trademark application: The attorney will then be filing a trademark application in the office of the trademark. In case, the application is to be filed for multiple classes, then application is accompanied by a form i.e., TM-A, which would therefore be allowing the person for registering the trademark beyond one class.

v.Examination of the mark by the Registrar: The Registrar will then proceed for examining the mark, that has been registered by the applicant, and the examination procedure would take about two months for the procedure of examination. The registrar if satisfied would take the application into consideration and would publish the mark in the trademark journal. However, if the registrar is not satisfied and is of the view that the registration of the mark would violate the basic provisions of the act and is also against any of the criteria mentioned under Section 9 and Section 11 of the Act then he would be rejecting the mark.

vi.Acceptance of the application: If the registrar is satisfied and finds no grounds to be violative of the trademark, then he would be allotting an application number, which would be considered as the registration of the mark.

vii.Publication of the trademark: The next step is that of the publication of the trademark in the registration procedure. The publication has been incorporated so that the individuals are given the right of opposition i.e., any person has the opportunity to oppose the marks if they are found to be deceptively similar. The period for the opposition has been granted for four months from the date of application, and if there are no oppositions made by any parties, then the trademark would proceed for further processes of registration. In case of opposition, the parties are given a fair chance of hearing, and the final order has to be made by the registrar.

viii.Certificate for registration: The application for trademark then proceeds for further registration, and the trademark is published in the trademark journal, and there should not be any opposition within 3 months from the date of publication. Henceforth, if there is no opposition then a certificate for registration is issued to the applicant.

ix.Trademark Renewal: The protection to the registered trademark has been granted for the period of ten years. After the expiry of ten years, the trademark can be renewed by filing an application form of TM-R.

x.Opposition of the trademark: The trademark is liable for facing opposition if he is of the view that the trademark is acting in violation to the relative and absolute grounds or if the mark is deceptively similar to the already registered trademark.

xi.Fair chance of hearing: The attorney will then be provided with the fair chances of hearing and would be asked for filing a counter reply within a period of thirty days.