Services - Trademarks

What is a Trade Mark?

A trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity that the products or services to consumers with which the trade mark appears originate from a unique source, and to distinguish its products and / or services from those of other entities. A trademark protects a name brand or logo that is used in a commercial application to distinguish one company from another.

Trade Mark registration in India is governed by the Trade Marks Act, 1999 and the Trade Mark Rules, 2002.

About

Trade Mark Filing and Prosecution
Typically, a trade mark is an identification mark sought to ascertain a name or a logo or a slogan. In other words, each trade mark defined a unique brand and adds brand value to any business, product, or service. Each trade mark filing is per mark per class. Selection of classes is done by a registered TRADEMARK ATTORNEY in consultation with the client. A trade mark application is examined by trade mark examiners at the Trade Mark Registry. It is published in the Trade Mark Gazette for the general public. It may then proceed towards grant upon compliance with objections raised by the Examiner, if any.

Trade Mark Opposition
Every trade mark application comes under the purview of opposition by interested parties, once it is published. Trade Mark Opposition is a task-making ordeal and requires the highest level of legal skills. A successful trade mark opposition by a third party may result in loss of the mark. Similarly, sustaining a trade mark opposition is skillful work, too.

Use
Upon filing, a trade mark may be advertised using the symbol ™. Upon registration, a trade mark may be advertised using the symbol ®.

Term of a Trade Mark
The term of a Trade Mark is 10 years from date of registration, and may be renewed thereafter.

Renewal
A Trade Mark, in India, needs to be renewed every 10 years. Renewal fees and timelines differ from country to country.

Services

We serve individuals and enterprises to register their Trade Marks, service marks, and logos.

Our core services include:

Trade Mark Filing and Prosecution
We have a team of lawyers with practices at various tiers of law and are registered TRADE MARK AGENTS. In consultation with the client, we decide a strategy for filing and perform the further tasks of filing and following up the application with due diligence.

Response to Office Actions
Once an Examination Report is received from the Trade Mark Registry, we prepare an exhaustive and befitting reply to take care of all objections raised therein. This, again, may be done in consultation with the client for a full-bodied reply.

Search and Research Analytics
In order to verify prior registrations of identical marks, a Trade Mark search is desirable. The digital database of registered and advertised trademarks is now available. This has made trademark search easy and expeditious. Also, corresponding search and research activities in foreign nations may be conducted to seek protection, thereof.

Watchdog Service
For each of our clients, we provide a monthly service wherein we update them of the published trade mark applications from trade mark journals, which applications are within their realm of influence (similar to their application or mark).

Infringement and Validity / Invalidity Opinion
As a part of our consultation offerings, we may be able to offer you sound opinions relating to whether a mark is wary of infringing any other mark (published or registered). Thus, pre-emptive or cautionary action in relation to the Trade Mark can begin at a very early stage.

Assignments, NDAs, and licensing
Transfer of trade marks and any business relating to the commerce and economics or commercialization of any trade mark requires a lot of paperwork. Our lawyers and paralegal staff are qualified to take care of the legal nuances of any such tasks.

FAQs

What is a trade mark?

A trade mark is a distinctive sign or indicator used by an individual, business organization, or other legal entity that the products or services to consumers with which the trade mark appears originate from a unique source, and to distinguish its products and / or services from those of other entities.

 

What can be trade marked?

All trade marks cannot be registered. For a trade mark to be successfully registered, it must conform to certain statutory prescriptions. One such fundamental prescription is that a mark must be "distinctive". The quality of distinctiveness, distinctive character, or capable of distinguishing is a basic principle that finds place in most national laws. A word having a direct reference to the character or quality of goods cannot be registered. However a word having direct reference to the character or quality of can be registered if it has acquired distinctiveness through long and continuous use. There are several other principles, all tested by a number of judicial decisions, elaborating the registration quotient of trade marks.
The new law on trademarks that came into force on September 15, 2003 permits the registration of Service Marks. Till then only trade marks used in respect of goods were under the ambit of allowable registration, in India. Collective Marks and Well Known Marks are also now recognized in India.
The scope of registrable Marks has been expanded to include shape of goods, packaging or combination of colors.

 

What rights do I get after the grant of my trade mark?

A trade mark owner is able to ward off unauthorized use of similar or same trade marks. The extent to which a trademark owner may prevent unauthorized use of trade marks which are the same as or similar to its trademark depends on various factors such as whether its trademark is registered, the similarity of the trade marks involved, the similarity of the products or services involved, and whether the owner's trademark is well known. Unregistered trade marks are protected under the principles of common law in many countries.

 

Who should file for a trade mark?

Every business owner, every service provider, everyone and anyone who wishes to create a unique identity of the business, product, or service by virtue of its name, by virtue of its logo, by virtue of its slogan, by virtue of any of its 'mark' should file for a trade mark.

 

How does a trade mark agent / trade mark attorney help?

A TRADE MARK AGENT or a TRADE MARK ATTORNEY is licensed to represent a client before the State (Trade Mark Registry and Offices of that state).

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PROCEDURE

REQUIREMENTS: TRADE MARK QUESTIONNAIRE

REQUIREMENTS: TRADE MARK POA, FORMS (TM-1, TM-2, TM-5, TM-22), and TARIFF