Quick Answer: After filing, your application goes through these stages: Formality check → Examination → Objection reply (if raised) → Journal publication → 4-month opposition period → Registration. There is no fixed total time — it depends on the Registry's workload and on whether objections or oppositions arise. You can use the ™ symbol from the filing date.
Track Your Application Status: All trademark applications are trackable online at the IP India — CGPDTM official portal (ipindia.gov.in) under Trademark → Trademark Status. Enter your application number to see the current stage in real time.
Filing a trademark application is step one. But for most applicants, the waiting and the administrative process that follows is where confusion sets in. Deadlines are missed, objections go unanswered, and some applications are abandoned not because the mark was bad — but because the applicant did not know what to do next.
This guide walks you through every stage of the trademark application process in India so you know exactly what is happening, when to act, and when to wait. For the full filing process: How to Register a Trademark in India — Step-by-Step Guide.
The Full Trademark Application Process: At a Glance
| Stage | Who Acts | Time limit | Your Action |
|---|---|---|---|
| 1. Filing & Acknowledgement | Applicant / Agent | Instant (online) | Receive application number |
| 2. Formality check & allocation | Registry | — | Wait |
| 3. Examination | Trade Marks Registry | — | Wait / Respond if objected |
| 4. Objection (if raised) | Applicant / Agent | Reply due within 30 days | File reply; attend hearing |
| 5. Journal Publication | Registry | After examination passes | Wait; watch for oppositions |
| 6. Opposition Period | Third parties (4 months) | 4 months from publication | File counter-statement if opposed |
| 7. Registration & Certificate | Registry | After opposition period expires | Receive certificate; update to ® |
Stage-by-Stage: What Actually Happens
- Filing and Acknowledgement — Instant
When you file Form TM-A online, you immediately receive a trademark application number (e.g., “1234567”) and a receipt. This number is your legal proof that you have applied — and from this date, you may legally use the ™ symbol next to your brand name or logo. The filing date is also your legal “priority date” — the date against which any future conflicting applications will be judged.
- Vienna Classification (Device Marks) and Allocation
The Registry classifies your application and assigns it to an examiner. For device marks (logos), the Vienna figurative classification is applied at this stage. This administrative phase has no action required from you — your application is simply queued for examination.
- Examination — timing depends on the Registry's queue
An examiner at the Trade Marks Registry reviews your application against two sets of grounds:
Absolute grounds (Section 9) — Is the mark distinctive? Does it describe the goods/services? Is it deceptive or against public policy?
Relative grounds (Section 11) — Is the mark confusingly similar to an already-registered or pending mark in the same class?
The examiner then issues one of two outcomes: a clean acceptance (moves to publication) or an Examination Report listing objections. Guide: How to Respond to a Trademark Examination Report in India.
- Objection and Reply — Reply within 30 days
If an Examination Report is issued, you must file a written reply within 30 days of receipt. The reply argues why the objections should be overruled and why the mark should be accepted. If the Examiner is not satisfied with the written reply, a hearing is scheduled. At the hearing, your agent (or you) appears before the examiner to present oral arguments. The examiner then either accepts or maintains the refusal.
A refused mark can be appealed to the High Court. Guide: Trademark Objection in India — How to Respond.
- Journal Publication (Trade Marks Journal) — After acceptance
Once accepted (either directly or after objection), the mark is published in the Trade Marks Journal — a public gazette published weekly online. Publication notifies the public that this mark has been accepted and invites any third party who believes the mark conflicts with their rights to oppose it.
- Opposition Period — 4 months from publication
From the date of journal publication, any person has 4 months to file a Notice of Opposition with the Trade Marks Registry. If an opposition is filed, you will receive a copy and must file a Counter-Statement within 2 months. The opposition proceeds through evidence filing, hearing, and a final decision. A contested opposition can add a long time to the process.
If no opposition is filed within 4 months, the application moves automatically to registration. Guide: Trademark Opposition in India — What It Means.
- Registration and Certificate — Final Stage
Once the opposition period passes without any opposition (or after a successful outcome in opposition proceedings), the Registry issues the Certificate of Registration. Your trademark is now officially registered and you may start using the ® symbol. The registration is valid for 10 years from the application filing date and is renewable indefinitely.
Understanding Your Trademark Status Codes
When you check your application on the IP India portal, you will see a status code. Here are the most common ones:
- Accepted — examination passed, waiting for publication
- Objected — Examination Report issued, reply needed
- Advertised / Accepted & Advertised — published in the Trade Marks Journal
- Opposed — a third party has filed a Notice of Opposition
- Registered — certificate issued; ® may now be used
- Abandoned — application lapsed, usually due to a missed deadline
- Refused — application rejected after hearing
- Removed — registered mark later removed from the register
Can You Speed Up the Process? Expedited Examination
Yes. The Trade Marks Registry offers an expedited examination option (also called “request for expeditious examination”) filed alongside the main TM-A application. The government fee is ₹20,000 for individuals, startups and MSMEs, and ₹40,000 for others. It moves your application to the front of the examination queue.
Is Expedited Worth It? Expedited examination makes sense when: (1) you need to register quickly for licensing or Amazon Brand Registry purposes, (2) a competitor has filed a similar mark that you want to outpace, or (3) you are filing near a product launch and need the registration to proceed. It does not accelerate the publication or opposition stages — only the examination phase.
What Happens If You Miss a Deadline?
| Deadline | What Happens If Missed | Remedy |
|---|---|---|
| 30-day reply to Examination Report | Application may be treated as abandoned | Revival is uncertain; you may need a fresh application (losing your filing date) |
| Appearance at hearing | Examiner may pass an order ex-parte (against you) | Request for re-hearing may be available in limited cases |
| 2-month counter-statement to Opposition | Applicant deemed to have abandoned the application | Application is lost; must re-file |
| 10-year renewal | Mark expires | Renew with surcharge within 6 months; restore within 1 year |
Critical Warning: The most dangerous deadline is the 30-day window to reply to an Examination Report. Missing it can lead to the application being treated as abandoned — and unlike a renewal, there is no built-in grace period. Your agent should alert you immediately when an Examination Report arrives.
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Frequently Asked Questions
Can I use the ® symbol while my application is pending?
No. The ® (registered trademark) symbol may only be used after the trademark has been officially registered and a certificate has been issued. Using ® before registration is a criminal offence under Section 107 of the Trade Marks Act 1999. You may use the ™ (TM) symbol from the date of filing your application to indicate that you claim trademark rights in the mark, but registration is not yet complete.
How do I know if someone has opposed my trademark after publication?
The Trade Marks Registry sends a notice of opposition to the applicant’s registered address. Your trademark agent also monitors the journal for any oppositions filed against your mark. This is one reason to use a professional agent who actively watches application status rather than waiting for notices to arrive in the post.
Does my trademark protection start from the filing date or the registration date?
Your trademark rights date from the filing date. Once registered, the certificate is backdated to the application filing date. This means that even if someone started using a similar mark after your filing date, you have priority over them — regardless of the fact that your registration came through later. This is why filing early is so important.
What does it mean if my trademark status shows “Send to Vienna”?
“Send to Vienna” is an internal Registry status for device marks (logos) that are being classified under the Vienna figurative classification system before examination. This is normal and does not require any action from you. The status will change once the classification is complete and the mark is queued for examination.
Can I update my trademark application after filing (e.g., change the mark or goods description)?
Once filed, you cannot change the mark itself or expand the goods/services description. You can make minor corrections to typographic errors or applicant details, and you can restrict (narrow) the goods/services list. If you want to register a significantly different version of the mark, you need to file a new application. This is why getting the application right before filing is critical.
What happens if I miss the objection reply deadline?
The application can be marked as abandoned. In some cases it can be revived, but it is not guaranteed. Always reply on time.
Can I speed up the process?
Yes. Form TM-M lets you request expedited examination for an extra government fee. It speeds up the examination stage, but not the 4-month opposition window.
Official sources
This article is for general information only and is not legal or tax advice. Rules and fees change; check the latest position or talk to our team before acting.