Trademark

Our Services

  • Trademark Counseling
  • Trademark Search National
  • Trademark Search International
  • Trademark Availability
  • Trademark Registration and Prosecution
  • Trademark Watch
  • Trademark Renewal
  • Trademark Portfolio
  • Trademark Status Update
  • Trademark Madrid Protocol Registration
  • Trademark International Registration
  • Trademark Customs Registration
  • Examination and Opposition
  • Cancellation Action
  • Trademark Data validation
  • Domain Name Search
  • Litigations, Opposition, Revocation, Rectification
  • Appeals, Criminal and Civil Suits
  • Anti-Counterfeit Action
  • Brand Selection Advice
  • Assignment and Licensing
  • Franchising
  • Post Registration Services

WHAT IS A TRADE MARK?

A Trade Mark is a word, phrase, symbol or design, or combination of words, used or intended to be used in course of trade to identify and distinguish the goods or services of one person from similar goods manufactured or services dealt in by others. In other words, a Trade Mark is a visual representation attached to goods or services for the purpose of indicating their trade origin. Trade Mark can be of both goods and services.

India is a signatory of Berne convention, UCC and TRIPS agreements so, copyright of nationals of countries who are members of the Berne Convention, Universal Copyright Convention and the TRIPS Agreement are protected in India through the International Copyright Order, 1958.

Key Advantages of Patents
Trademarks benefit both businesses and consumers. Trademarks allow businesses to build an identity and reputation with customers, and thereby grow or expand their business. They allow consumers to take an informed buying decision by searching out familiar brand names and avoid bad buying experiences by avoiding the brands they didn't like.
  • Confers upon the owner the exclusive right to use the brand.
  • Protects hard earned goodwill in the business.
  • Protects your Name / Brand Name from being used in a same or similar fashion, by any other business firm, thus discourages others from cashing on your long built goodwill.
  • Gives your products a status of 'Branded Goods'.
  • To obtain legal relief in respect of infringement (misuse by others) of the trade mark.
  • Power to assign (transfer) the trade mark to others for consideration

WHAT ARE PRE-REQUISITES FOR FILING TRADE MARK APPLICATION IN INDIA?

The minimum pre- requisites for filling Trade Mark application in India are:

  • Full name, address of profession or business of the applicant and his / her nationality.
  • If Trade Mark is in a foreign language, in that case clear reproduction of the Trade Mark and translation must be mentioned.
  • Copies of logo or a label, 20 prints of the each mark is required.
  • Detail of products by which will be protected the Trade Mark and / or the classes of the International protection Classifications for which is being applied.
  • Power of Attorney (can be filed later)
  • Date of first use of the product in India.
  • The power of attorney is required and can be filed subsequently at any time before acceptance of the application.
  • List of documents.

HOW CAN REGISTRATION OF TRADEMARK BE OBTAINED?

Trade Mark can be obtained by the following procedure, both by individuals and businesses,

  • Submission of Form TM-1 along with prescribed fee at Trade Marks Registry.
  • Application is examined by the Examiner of the Registry to ensure that it is distinctive and does not collide with any already existing registered or pending Trade Marks and then the examination report is issued.
  • Once it is found to be acceptable, it is then advertised in the Trade Marks Journal for the other people to oppose the registration.
  • If there is no application for opposition by any third party then the mark is registered.
  • If there is an opposition, a Hearing Officer then listens to both the applicant and the opponent and evaluates the evidence adduced.
  • If the decision of the Hearing Officer is in support of the applicant, then the mark gets registered.
  • If the opposition is found to be valid, then the application for registration is dismissed.
  • And ultimately the final registration certificate is issued.

HOW LONG DOES IT TAKE TRADEMARK TO GET REGISTERED?

As per current practice of the Indian Trade Marks Registry, one can expect to receive a trade mark registration certificate (in case no opposition is filed) between 24-30 months from the date of filing.

COST OF REGISTERING A TRADE MARK IN INDIA.
Some important fees are given below:

No. Action Official fee
1 On application for the registration of a Trade Mark for goods or service included in one class Rs.4000/- for each
2 On a single application for the registration of a Trade Mark in different classes Rs.3500/- for each
2 For renewal of an authorized user Rs.5000/- for each