Trademark Process in Bihar (2026): Complete Guide

Step 1: Pre-Filing Trademark Search & Class Strategy

Before filing, you must ensure your trademark is unique and belongs in the correct class of goods/services.

1. Conducting a Trademark Search

Visit the official IP India search portal:
👉 https://ipindiaonline.gov.in/tmrpublicsearch

Enter your desired name/logo in the search field and look for existing marks that are identical or deceptively similar.

Tip: Always search for phonetic similarities (e.g., “Kuber” vs. “Koober”) to avoid future objections.

2. Choosing the Right Class

India follows the Nice Classification (45 classes):

• Classes 1–34: Goods (products)

• Classes 35–45: Services

3. Multi-Class & Series Marks

• Multi-class filing: You can file one application covering multiple classes (but each class has separate fees).

• Series mark: If your business uses slight logo variations (e.g., color or tagline changes), file as a series to protect all variations.

💡 Pro Tip: A local trademark attorney in Bihar can help you determine the most strategic class combination to maximize protection.

Step 2: Filing TM-A — Application Details

Trademark registration begins with Form TM-A, filed online on the IP India portal:
👉 https://ipindiaonline.gov.in/trademarkefiling

Information You’ll Need

1. Applicant details: Individual, partnership, LLP, or company name.

2. Address of business: Registered business address in Bihar.

3. User claim:

   • “Proposed to be used” — if you haven’t started business yet.

   • “Used since” — if already in use (requires a User Affidavit).

4. Trademark description: Short description of your mark (e.g., logo with word mark ‘Shree Dairy’ in blue).

5. Class number: Based on goods/services.

6. Documents:

   • Aadhaar + PAN (individuals)

   • MSME/Udyam certificate (for discounted fees)

   • Logo (JPEG/PNG, < 2 MB)

   • Power of Attorney (if filing through lawyer)

Fees

Once filed, you receive a TM number, and can immediately start using the ™ symbol beside your brand name.

Step 3: Examination Report & Common Objections

After filing, your application is examined by the Trademark Registrar (usually within 2–3 months).

You may receive an Examination Report if the examiner finds any issue.

Common Grounds for Objection:

1. Similar or identical existing trademark

2. Descriptive or generic name (e.g., “Bihar Spices”)

3. Misleading or offensive terms

4. Lack of distinctiveness

5. Incorrect classification or incomplete form

Replying to an Objection

• Submit a written reply within 30 days of receiving the report.

• Include:

  • Legal arguments (citing relevant case laws)

  • Proof of prior use (invoices, social media posts, website screenshots)

  • Clarifications on mark distinctiveness

💡 Tip: A strong, lawyer-drafted reply increases your chance of quick acceptance.

Step 4: Show-Cause Hearing — Tips & Preparation

If the Registrar is not satisfied with your written reply, you’ll be summoned for a Show-Cause Hearing — conducted virtually or at the Kolkata Trademark Office (which covers Bihar).

What to Bring:

• Power of Attorney (if represented by a lawyer)

• Copies of prior use documents

• Trademark samples (business cards, packaging, brochures)

How to Argue:

• Explain how your mark differs from cited marks.

• Emphasize your long, consistent usage and reputation.

• Demonstrate no confusion or deception risk.

If convinced, the Registrar will mark the application as “Accepted & Advertised.”

Step 5: Journal Publication & Monitoring for Oppositions

Once accepted, your trademark appears in the Trademark Journal — published weekly online.

This begins the 4-month opposition period, during which any third party can oppose your mark.

What You Should Do:

• Monitor the journal regularly using your TM number.

• If no one opposes, your mark automatically proceeds to registration.

• If opposed, follow the next step.

Step 6: Opposition Proceedings — Notices, Evidence & Settlement

If another brand owner believes your mark infringes theirs, they can file a Notice of Opposition within 4 months of journal publication.

Opposition Stages:

1. Notice of Opposition: Filed by opponent.

2. Counter-Statement: Must be filed by you within 2 months.

3. Evidence Stage: Both sides file affidavits, usage proofs, and arguments.

4. Hearing: Final oral arguments before Registrar.

5. Decision: Registrar either upholds or rejects the opposition.

💡 Strategy Tip: Many oppositions in Bihar are settled amicably through compromise agreements — saving time and legal costs.

Step 7: Registration Certificate & Using ® Correctly

If no opposition (or after successful defense), your trademark is registered and the Registrar issues a Registration Certificate with your TM number converted to Registered (®) status.

Key Points:

• Valid for 10 years from filing date.

• You can now use the ® symbol legally across India.

• Any unauthorized use by others now qualifies as trademark infringement under the Trademark Act, 1999.

Example:
If your bakery “SweetBite” in Patna gets registered, and another shop opens as “SweetByte,” you can send a legal notice or file an injunction suit.

Step 8: Renewals, Restorations & Updates

💡 Always renew your trademark on time to maintain protection. Once expired, you lose exclusive rights.

Step 9: Enforcement Basics in Bihar

Trademark registration grants exclusive rights to the owner. If someone misuses your mark in Bihar, you can take the following legal actions:

1. Cease & Desist Notice

Send a formal warning demanding the infringer stop using your mark immediately.

2. Civil Suit for Infringement

File a case in Patna High Court or the District Court for:

• Injunction (stop usage)

• Damages (financial loss recovery)

• Seizure of counterfeit goods

3. Criminal Remedies

For deliberate counterfeit activities, file a police FIR under Sections 103–105 of the Trade Marks Act.

The Bihar Advocates Club regularly assists clients in trademark enforcement, opposition defense, and infringement cases across Bihar.

Summary: End-to-End Trademark Process in Bihar (2026)

Why Choose Bihar Advocates Club

At Bihar Advocates Club, our legal experts make the entire trademark process in Bihar smooth and hassle-free.

We handle:

• Trademark search & filing (TM-A)

• Objection replies & hearings

• Opposition defense

• Renewals, assignments & enforcement

📍 Office: Near Patna High Court, Bihar
📞 Call: +91-7783060749
📧 Email: info@biharadvocatesclub.in

Secure your brand identity with professionals who understand Bihar’s business landscape.
Start your trademark registration today — and get your ™ number within 24 hours!