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Trademark is a type of intellectual property consisting of a recognizable word, sign, design, logo, expression or a combination of these which identifies product or services of a particular source from those of others. A trademark is the unique identity which distinguishes one company’s product or services from those of others. A trademark can be divided into following types: Word marks, Service marks, Collective marks, Certification marks, Device marks, Logos, Well-known marks, Unconventional trademarks such as, colour trademark, sound marks, smell marks, shape marks.

In India Trademark Registration Act 1999 deals with the provisions of trademarks. Its objective is to register trademarks applied for in the country and to provide for better protection of trademark goods and services and to prevent fraudulent use of the marks.

India is a member of the Madrid Protocol which enables right holders to protect their trademarks in multiple countries through a single application.

The firm provides services to all round clients of different industries including small and medium enterprises and start-ups. Our experienced professionals offer and advise our clients on all aspects of filing and prosecution of application before Trademark Office, initiating and defending opposition and cancellation proceedings; handling registration formalities and ensuring post registration maintenance including renewal and restoration of trademarks.

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Before applying for a Trademark, it is beneficial to carry out a search to discover whether or not an identical or similar mark has already been registered or is there any pending application. Trademark registration must be initiated with the trademark search. The must be distinctive and not deceptive.

In India trademarks are registered under Trademark Act 1999, by the Controller General of Patents, Design and Trademarks (Office of the Registrar of Trademark), Ministry of Industry and Commerce, Government of India. Once the trademark search is done, the application for trademark registration can be filed by a person or IP lawyer with the Trademark Registrar in the prescribed manner along with the fee for trademark registration. Trademark application can be filed online at or at the Trademark Registrar Office having jurisdiction over the State. The trademark registration gives legal right to take appropriate action against the third party against an infringement of the trademark.

When the Trademark Registrar after examination, raise an objection on the trademark application and sends the applicant a show cause notice then the process of Trademark hearing starts. The applicant may be required to reply to objections raised by the Examiner under Section 9 and Section 11 of the Trade Marks Act, in addition to clarifications regarding content of the application. If the registrar is not satisfied with the reply filed, a personal hearing will be ordered.

The registered trademark holder gets special rights to its usage and protected by law from the infringement of such rights by others for a period of ten years. The trademark holder enjoys the right to renew the trademark indefinitely every ten years on the payment of renewal fees. The renewal application must be filed six months before the expiry of the registered trademark, if not, it can also be filed up to six months after the expiry of the trade mark, along with the payment of the prescribed late renewal fees.

The unauthorized use of a trademark or service mark is known as Trademark infringement. It may lead to confusion, deception or a misunderstanding about the original product or services. Section 135 of the Trademark Act 1999 deals with both infringement as well as passing off actions.

Trademark portfolio management allows an effective consultation and maintenance of all your trademarks. This service, provided by our team, includes several advantages, such as  monitoring your processes or defining the best strategy for representing, maintaining, and legally protecting your trademarks.

The protection of a trademark, product name, or company involves a series of variables that require much more than a simple registration procedure. During the life cycle of your trademark, our trademark watch service is one of the most important steps, allowing you to follow up on any attempts to register trademarks that are identical or similar to yours. Sometimes, this type of situation may even occur deliberately, being brought about by third parties, who, for whatever reason, intend to damage your trademark, as is the case with attempts at counterfeiting.

Image by Markus Winkler
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