Trademark prosecution governs the process through which a trademark application is examined, contested, and either proceeds to registration or is refused. It requires precise drafting of specifications, accurate classification of goods and services, legally reasoned responses to objections, and experienced representation before the Trademark Registry.

IIPRD manages the trademark prosecution process with legal discipline and commercial awareness, ensuring that applications are prosecuted in a manner that results in clear, defensible trademark rights.

Application Drafting and Filing

• Preparing trademark applications with accurate classification of goods and services under the Nice Classification
• Drafting specifications aligned with current business use and reasonably anticipated commercial expansion
• Filing applications through national trademark systems or via the Madrid Protocol, as appropriate

Examination Management

• Monitoring examination status and Registry timelines
• Analysing objections raised under absolute and relative grounds of refusal
• Preparing legally reasoned responses supported by statutory provisions, precedent, and factual material
• Addressing examiner clarifications and procedural requirements during prosecution

 Hearings and Representation before the Trademark Registry

• Representation before the Trademark Registry in examination and opposition hearings
• Presenting arguments on registrability, distinctiveness, use, and acquired reputation, where applicable
• Preparing written submissions and post-hearing filings, as required
• Ensuring procedural compliance at each stage of proceedings before the Trademark Registry

Opposition Proceedings

• Drafting and filing counter-statements
• Preparing evidence, affidavits, and written submissions
• Managing statutory timelines, filings, and procedural requirements before the Trademark Registry

IIPRD advises and manages international trademark filings through both direct national filings and the Madrid Protocol, depending on the client’s commercial footprint and enforcement priorities.

For Madrid filings, we assist with preparation of the international application, designation strategy, and coordination with the Office of Origin, while advising on classification, specification alignment, and risks arising from central attack, dependency periods, and local examination practices.

Where direct national filings are more appropriate, we coordinate with foreign counsel to ensure that specifications, priority claims, and procedural requirements are aligned with local law, examination standards, and enforcement realities.

We also manage post-designation prosecution, including examination responses, provisional refusals, oppositions, and Registry hearings in designated jurisdictions, working closely with local associates to ensure consistency of legal position and brand strategy across markets.

International filing strategies are structured with attention to:

• market entry timelines and expansion plans;
• likelihood of objections or refusals in key jurisdictions;
• long-term enforceability and portfolio coherence; and
• cost control and administrative efficiency.

Trademark prosecution at IIPRD is handled as a structured legal process rather than an administrative filing exercise. Each application is examined in light of statutory requirements, Registry practice, and evolving jurisprudence to ensure that the scope of protection ultimately obtained is both registrable and enforceable.

Specifications, responses, and submissions are drafted with close attention to language, classification, and evidentiary relevance, recognising that small drafting choices at the prosecution stage can have long-term consequences for enforcement and commercial use.

Throughout prosecution, applications are managed with a clear understanding of the client’s current business activities and foreseeable brand expansion, so that the rights obtained remain aligned with actual and intended use.

The prosecution process is tracked through defined internal workflows, with proactive monitoring of Registry actions, deadlines, and procedural requirements, and timely communication at each material stage.

• Businesses filing trademarks in India or across multiple jurisdictions
• Companies responding to examination objections or Registry queries
• Applicants defending trademark applications in opposition proceedings
• Brands requiring coordinated, multi-jurisdiction prosecution management

• Dedicated trademark attorneys with regular Trademark Registry practice
• Experience handling examination objections, hearings, and opposition proceedings
• Structured processes for managing prosecution timelines and statutory compliance
• Coordination with associated counsel where enforcement or litigation support is required

IIPRD prosecutes trademark applications with precision, procedural clarity, and the legal depth required to secure sustainable trademark protection.

Whether you are filing a new trademark, responding to Registry objections, managing international filings, or navigating opposition proceedings, IIPRD provides structured and experienced prosecution support.  For assistance with trademark filing, prosecution, or related Trademark Registry proceedings, please contact us at [email protected] to discuss your requirements.