Elevating Identities, Protecting Legacies
Our firm and correspondent associate firms assist clients in establishing, maintaining, and enforcing Trademark rights on a global basis. We provide our expertise and guidance during the entire registration process. From the creation of your trademark, filing your trademark, defending it and finally registering it, we assist you at every step of the way to ensure successful trademark registration.
BRAND protection, maximisation and elevation Services under our Trademark Practice include
- Trademark advisory in relation to brand adoption, development, protection, management, enforcement, valuation and monetization. Pre-filing advisory and trademark consultancy.
- Conducting searches, preparation and filing application, responses to examination reports, attending show cause hearing.
- Journal Watch service
- Filing Notice of Oppositions and Counterstatements and Opposition Hearings before the Registry.
- Portfolio management and taking complete responsibility from searching and filing to maintenance and renewals of trademarks.
- Representing clients in trademark disputes and initiating trademark oppositions and cancellations before the Indian Trade Mark Registry and High Courts in India via our associate firms.
- Trademark filings in foreign countries nationally as well as at WIPO via the Madrid systems.
- Offering bespoke trademark prosecution advisory to accurately reflect client’s business offerings from the perspective of securing maximum available protection in each jurisdiction.
- Advisory and end-to-end trademark registration legal services for non-traditional trademarks including shape marks, 3D marks, colour marks, trade dress and sound marks.
- Trademark watching services and advisory in relation to infringing usage.
- Pre- and Post-registration services of trademarks like Assignment, licensing of trademarks, preparing and drafting Assignment and License agreements to transfer the trademark from one entity to another entity.
Expertise in Trademark Advisory on
- Proper use of trademarks in packaging, labelling, advertising in print and electronic media.
- Advising on rights in trade names, passing-off and unregistered trademark rights acquired through use.
- Negotiating and drafting agreements for the purchase, sale, or licensing of trademark rights and franchising agreements.
- Registering license and user agreements.
FAQs
What is a trademark?
A trademark is a distinctive symbol, word, phrase, design, or combination thereof that identifies and distinguishes the source of goods or services in the marketplace.
Why should I register a trademark?
Registering a trademark provides legal protection for your brand identity and helps prevent others from using similar marks for similar goods or services. It also grants you exclusive rights to use the mark nationwide.
Who can apply for a trademark in India?
Any individual, company, or legal entity claiming to be the owner of a trademark can apply for registration in India.
What can be trademarked in India?
Any mark that is capable of being represented graphically and is capable of distinguishing the goods or services of one person from those of others can be trademarked. This includes words, names, logos, labels, slogans, and even sounds.
How long does it take to obtain a trademark registration in India?
The process typically takes around 1 to 2 years, provided there are no objections or oppositions from third parties.
How long does a trademark registration last in India?
A trademark registration in India is valid for 10 years from the date of filing, renewable indefinitely for successive periods of 10 years each.
Can I apply for a trademark online in India?
Yes, the Trademark Registry of India allows for online filing of trademark applications through the official website.
What is the process for trademark registration in India?
The process includes searching for similar trademarks (if any) filing the application, examination by the Trademark Office, publication in the Trademark Journal, a period for opposition, and if there are no objections or oppositions, registration.
What are the trademark filing fees in India?
The filing fees vary depending on whether the application is filed online or offline, and the number of classes the trademark applies to. The Applicable classes can be found in the resources section. Fees vary from the nature of the Applicant.
Can I trademark a slogan or a domain name in India?
Yes, slogans and domain names can be applied for as a trademark in India if they meet the criteria of being capable of being represented graphically and distinguishing goods or services.
Can I trademark a sound or a smell in India?
Yes, non-conventional marks like sounds and smells can be trademarked in India if they can be graphically represented and fulfil the requirements of trademark distinctiveness.
What happens if someone infringes my trademark rights in India?
Trademark owners have the right to take legal action against infringers, which may include seeking injunctions, damages, or other appropriate remedies through civil litigation.
Can I file a trademark application internationally from India?
Yes, India is a signatory to the Madrid Protocol, which allows trademark owners to file for international registration through a single application. They can be filed in different countries from