Trademark search before filing

Ollvy lawyer searches the Registry for identical and similar marks in your classes before you spend the govt fee.

Without Ollvy: File blindly, wait months, get rejected

With Ollvy: Search first, modify if needed, then file

Class selection guidance

45 classes under Nice Classification. Ollvy lawyer recommends only the ones you need. Most businesses need 1-3.

Examiner objection response included

If the Examiner raises objections, Ollvy lawyer responds. Included in the price.

Without Ollvy: Objection raised - you pay Rs. 5,000-15,000 extra

With Ollvy: Objection response included in service fee

Renewal reminder - 10 years out

Trademark expires 10 years from filing. Ollvy adds renewal reminder 6 months before expiry.

Similar mark already registered

• If a similar mark exists in your class, the Examiner will object or reject outright.
• Ollvy's pre-filing search catches most conflicts - but pending applications not yet published can't be seen.
• If rejected, Ollvy helps you appeal or modify at no extra cost.

Government processing takes 12-18 months

• Filing: 7 days (Ollvy side). Examination: 6-12 months. Publication: 4 months. Certificate: 1-2 months.
• Your rights are protected from the filing date, not the certificate date.
• Ollvy tracks every stage and updates you.

Opposition during publication

• After examination, mark is published for 4 months. Any third party can oppose.
• Happens in under 5% of cases. Opposition response is a separate service.
• Ollvy monitors the publication period and alerts you immediately.

Incorrect Nice class selection

• There are 45 Nice Classification classes covering goods (1-34) and services (35-45).
• Wrong class means wrong scope of protection and likely rejection during examination.
• Example: a software product belongs in Class 9 (downloadable) or Class 42 (SaaS), not Class 35 (business services).
• Ollvy maps the product description to the correct class before filing.

Examination report unanswered within 30 days

• The Trademark Registry issues an examination report within 6 months of filing.
• You have 30 days to respond with counter-arguments or amendments (Rule 33).
• Miss the 30-day window and the application is abandoned - the Rs 4,500 govt fee is gone and you start over.
• Ollvy monitors examination reports and responds within 20 days every time.

Priority claim missed under Paris Convention

• If you filed an identical trademark abroad in a Paris Convention country within the last 6 months, you can claim priority filing date in India (Section 18(2)).
• Missing this 6-month window forfeits priority and exposes you to later-filed Indian applications that technically filed before your Indian date.
• Ollvy checks foreign filing history at intake for founders with prior international applications.

What can I trademark?

Words, logos, slogans, sounds, colours. Most businesses trademark brand name and logo separately - two applications.

How long does protection last?

10 years from filing, renewable indefinitely. Renewal: Rs. 9,000/class (small entities) or Rs. 10,000 (others).

Why 12-18 months?

Filing: 7 days. Examination: 6-12 months. Publication: 4 months. Certificate: 1-2 months. Rights protected from filing date.

Can I use ® after filing?

No. ® only after registration. Use TM (goods) or SM (services) until then. Using ® before registration is an offence.

Documents needed?

PAN, Aadhaar, address proof, logo file (JPG, 8cm x 8cm min, black on white). Companies: COI and board resolution. Reduced fee: MSME or DPIIT certificate.

Do I need to trademark in every class my business operates in?

Yes. Each of the 45 Nice Classification classes is a separate filing with a separate Rs 4,500 govt fee. If you sell software (Class 9) and offer software consulting (Class 42), those are two applications. Ollvy Rs 2,999 professional fee covers one class; each additional class is Rs 1,999 more.

What happens if someone opposes my trademark during publication?

After examination, your trademark publishes in the Trademark Journal. A 4-month opposition window opens (Section 21). If opposed, you file a counter-statement within 2 months, then both parties exchange evidence. Most oppositions settle or drop at this stage. Ollvy handles opposition response as a separate engagement - scoped to complexity.

Can I use a trademark before registration is complete?

Yes. You can use TM (unregistered mark) the day you file. You cannot use the R-in-a-circle symbol until the Registration Certificate issues, typically 12-18 months later. Using the R-in-a-circle before registration is a criminal offense under Section 107 with fine up to Rs 1 lakh.

What is the difference between TM and R-in-a-circle symbols?

TM means a mark is claimed but not registered - legally, anyone can use it next to their mark. R-in-a-circle means the mark is officially registered with the Trademark Registry. Only the R symbol gives you the right to sue for infringement in court. SM (service mark) is the service equivalent, rarely used in India.

Can I trademark a logo, slogan, and name separately?

Yes, and often you should. A word mark (brand name text) protects the name against similar names. A device mark (logo) protects the visual design. A combined mark (logo + name) offers weaker individual protection. For strongest IP, file word + device separately - two applications, two fees, two registrations.

What happens after 10 years - do I lose the trademark?

The trademark renews indefinitely at 10-year intervals (Section 25). Renewal fee is Rs 9,000 per class. Filing TM-R within 6 months before expiry keeps the mark active without a gap. Miss the renewal window and the mark is removed, though a 1-year grace period under Section 25(4) allows restoration with an additional fee.

Can I trademark a common word or generic term?

Only if it is arbitrary for your business (Apple for computers is fine, Apple for fruit is not). Descriptive words (Fresh Milk for dairy) or generic terms (Software for an IT service) fail the distinctiveness test under Section 9. Ollvy search stage flags weak marks before filing to avoid a Rs 4,500 wasted govt fee.