Intellectual Property Rights comprising of trademarks, copyright and patents may offer the best chance of protecting your inventions and brands around the globe.
Simply said, a trademark is anything that indicates the place of origin of the goods or services. They aid in setting the goods and services apart from those of the rivals.
The most important assets of any organisation are typically its trademarks, which serve to symbolise the company and its reputation.
A name, logo, strapline, or even a shape, color, sound, or scent can be distinctive and recognizable.
If you have trademark protection, you may be able to enforce it with the help of a skilled and reputable trademark lawyer in India.
Procedure for trademark registration in India
Trademark registration can be complex, but with the help of a professional trademark lawyer, the process can be made much simpler. Here are several points to consider when registering a trademark in India
Name Search
As a first step, our trademark team comprising of skilled and experienced trademark attorneys carry out a comprehensive search of the Trademark Registry’s database. This is done to ascertain conflict with any pre-existing trademark on the official database.
Preparing & Filing
In case of no conflict and a clear search, one can proceed for trademark registration by filing the application.
All details including applicant’s name, address, legal status, goods and services for which the trademark is to be used or is being used alongwith the Class of goods or services.
In case the trademark is already in use by the applicant, an affidavit is also drafted by the trademark attorneys. This User affidavit is required to highlight evidence of use of the trade mark, which is also required to be filed alongwith the application for trademark registration.
Examination
The Registry will examine the application filed within one month and issue an examination report in case of any objections.
A written reply to the examination report is also prepared by the trademark attorneys, which is required to be filed within 30 days of receiving the same.
In case of no objections, the application for trademark registration shall straight away be accepted.
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If the Registrar arrives at the conclusion that the trademark can be registered, the same shall be accepted. Once accepted, the trademark will be published in the Trademarks Journal to invite any third-party oppositions.
In case the application is rejected or refused, the same may be challenged by the Applicant.
Registration:
If no opposition is submitted within 4 months of the publication or advertisement of the trademark in the Trademarks Journal, the trademark will be registered.
Every trademark registration is valid for a period of 10 years from the date of application.
Upon expiry of the 10 years, the said trademark registration can be renewed for a further period of 10 years. This cycle can go on and the registration can be renewed every 10 years till the proprietor wishes to preserve the said registration.
It may be noted that the entire procedure for trademark registration could take around 10-12 months to complete before the registration certificate is granted.
Best Trademark Lawyer Expertise in India
A committed group of skilled trademark attorneys from JusIP in India help with trademark registration, protection, and enforcement.
We work with many clients on various services that include advisory, opinions, prosecution, opposition, registration and other contentious issues.
We have a successful track record when it comes to handling extensive trademark registration portfolios and have also successfully handled litigation.
Our trademark team comprising of skilled Trademark Attorneys provide a broad spectrum of legal services for trademark protection and enforcement, including:
- Filing and prosecution of trademark applications, including international and madrid applications
- Advice on custom trademark portfolio management and protection, including guidance on the most thorough and affordable means of securing protection
- Drafting trademark related commercial contracts, such as licence, assignment, and franchise agreements
- Dandling opposition and rectification for invalidation of trademarks
- Complete trademark portfolio management
- Handling legal enforcement including infringement, passing off and other civil as well as criminal action
