Trademark Services
A trademark is a visual symbol such as a word, name, logo, label, device, numerals, colour combination, three-dimensional shape or domain name used to distinguish goods or services of one entity from those of others in the marketplace.
Trademark Law in India
Trademark protection in India is governed by the Trade Marks Act, 1999. A registered trademark provides exclusive rights to its owner and protects brand identity against unauthorized use, imitation, infringement and passing off.
Our Trademark Services
- Trademark advisory, search and legal opinion
- Trademark application filing and prosecution
- Drafting user affidavit by way of evidence
- International trademark registration under Madrid Protocol
- Convention trademark filing in foreign jurisdictions
- Responding to examination reports and office actions
- Trademark hearings before the Registry
- Trademark renewal and maintenance
- Recordal of assignment, licensing and change of name/address
- Opposition, rectification and cancellation proceedings
- Watch services for conflicting marks
- Infringement and passing-off litigation
- Filing for “Well-Known Trademark” recognition
- Trademark portfolio management
Who Can Apply for a Trademark?
Any person or legal entity claiming ownership of a trademark used or proposed to be used may apply for registration. Applications may be filed online or offline in English or Hindi through the appropriate Trademark Office.
Trademark Registration Process in India
- Application filing and formal examination
- Examination under absolute and relative grounds
- Issuance of examination report (if objections arise)
- Reply to objections and personal hearing
- Publication in Trademark Journal
- Opposition period of four months
- Registration if no opposition is filed
Filing Requirements
- Name and address of the applicant
- Legal status and state of incorporation
- Description and representation of the trademark
- Class of goods or services (Nice Classification)
- Authorization of agent (Power of Attorney)
- Date of first use or proposed use
- Priority documents (if applicable)
Well-Known Trademark
The Trade Marks Rules, 2017 allow brand owners to apply for determination of a trademark as “well-known” based on public recognition, duration of use, enforcement history and market presence. Well-known trademarks enjoy enhanced protection against dilution under the Trade Marks Act.
IRDI & Madrid Protocol Matters
International Registrations designating India are examined by the Indian Trademark Registry. Provisional refusals must be responded to within 30 days from receipt of notification issued by WIPO.