“Procedure for Filing a Trademark and Timeline for Issuance of Registration Certificate”

“Procedure for Filing a Trademark and Timeline for Issuance of Registration Certificate”

“Procedure for Filing a Trademark and Timeline for Issuance of Registration Certificate”

Stage 1: TM-Form 55:  Trademark Search Report (Optional but Recommended)

Before filing a trademark application, it is advisable to conduct a preliminary search to ensure that the proposed trademark is unique and not identical or similar to existing marks. This can be done by checking the trademark database or requesting a Name/Mark Reservation with the trademark office. The procedure involves submitting a formal request specifying the proposed mark, class of goods/services, and applicant details. The office then verifies whether the mark is available for registration. If no conflicts are found, the name or mark is reserved for a limited period, giving the applicant the exclusive right to file the application during this period. This step helps reduce the risk of objection or opposition later in the process.

• Timeline: Typically 7–15 working days for verification and reservation.

• Output:Reserved mark confirmation for filing a trademark application.

Stage 2: TM-Form 1:  Procedure of Filing Trademark Application Using Form TM-1

The process of applying for a trademark begins with Form TM-1, which is the official application form prescribed under the Trade Marks Ordinance. The applicant must carefully fill out the form, providing essential details such as the proposed trademark, the name and address of the applicant, the class of goods or services for which registration is sought, and any priority claims if applicable. In addition to Form TM-1, the applicant must attach a representation of the mark (logo or word mark) in the prescribed format and submit supporting documents such as identity proof, business registration certificate, and a Power of Attorney if an agent or attorney is filing on behalf of the applicant. Once the form and documents are compiled, the applicant submits them along with the prescribed filing fee to the Trademark Registry either physically or electronically. After submission, the office checks the completeness of the application, verifies the fee, and enters the details into the system. An Acknowledgement Receipt is issued to the applicant, confirming the application has been officially received. The use of Form TM-1 ensures that all statutory requirements are complied with at the outset, facilitating smooth processing of the trademark application through subsequent stages such as examination, publication, and eventual registration. This stage generally takes around 15-45 days practically working days to complete.

Stage 3 : First Examination Report (FER)

After the filing is acknowledged, the trademark application is assigned for formal examination. The office first classifies the trademark according to the goods or services for which it is being registered. It is then allocated to the appropriate section or officer for examination. During this stage, a thorough formal examination of the application is conducted to ensure it complies with all legal requirements. The officer also performs a similarity search to check if any identical or confusingly similar trademarks already exist. Following this examination, a First Examination Report (FER) is prepared and sent to the applicant. The FER may raise objections or request clarifications through show cause notice. This process typically takes around 4-7 Months Practically.

Stage 4:  Applicant’s Reply on Show cause Notice

Once the applicant receives the First Examination Report, they are required to submit a reply addressing the objections or providing additional information. The trademark office reviews the applicant’s response carefully, considering whether the objections raised in the FER have been adequately addressed. The office may also make amendments or request further clarification if necessary. Based on the reply, the officer decides whether the application can proceed to the next stage. This action generally takes about 3-4 months.

Stage 5: Acceptance and Publication

If the applicant successfully addresses all objections and complies with the legal requirements, the application is accepted for registration. The office processes any amendments, updates the database, and enters the final details. Following this, the trademark is published in the Trademark e-Journal, which allows the public to view the application. Publication serves as a notice to third parties who may have objections or conflicting rights to the mark. This stage usually takes about two months from the compliance of all legal requirements.

Stage 6: Registration (If  Opposition Start Proceedings):

After publication, there is a statutory period during which any third party may file an opposition to the registration of the trademark. Opposition proceedings involve a review of the objections raised by third parties, written submissions from both sides, and sometimes hearings conducted by the trademark office. The office then examines whether the opposition is valid and issues a decision based on the merits of the case. The duration of opposition proceedings depends on the complexity of the case and is case-specific.

Stage 7: Registration (IF No Opposition---- Issuance of Demand Notice)

If no opposition is filed or the opposition is successfully resolved, the trademark is ready for registration. The office checks that the application has met all requirements, ensures the publication period has lapsed (typically two months), and issues a Demand Notice for payment of the registration fee. Once the fee is paid, the application moves to the final stage. The entire process of acceptance, publication, and readiness for registration generally takes about 6-18 months if no opposition is received.

 Final Stage: Issuance of Registration Certificate

After the payment of the registration fee, the trademark office verifies the payment and issues the Trademark Registration Certificate. This certificate serves as legal proof that the trademark has been registered and provides the owner with exclusive rights to use the mark in relation to the registered goods or services. The issuance of the registration certificate typically takes about three months from the receipt of the fee.

Conclusion:

The entire procedure for trademark registration involves multiple stages, starting from preliminary trademark search and name reservation, filing the application through Form TM-1, examination, reply to objections, acceptance, publication, and potential opposition proceedings, leading up to the issuance of the registration certificate. Practically, if no objections or oppositions are raised, the registration process typically takes around 6 to 18 months. However, if objections arise or opposition proceedings are initiated, the process can extend significantly, sometimes taking 12 to 48 months to complete. Upon successful completion of all stages and payment of the registration fee, the applicant receives the Trademark Registration Certificate, granting exclusive rights to use the mark for the registered goods or services.