Trademark is a source identifier and provides a business its unique identity. The main function is to differentiate the goods and/or services of one source from another thereby mitigating the chances of any confusion amongst the relevant section of the public.
The Firm understands the value of trademarks for its diverse client base and accordingly possesses a high level of expertise with regard to the conceptualization, development, management and protection of the trademark, logo mark or even device mark in India and overseas. The Firm provides an in-depth analysis on the availability and registrability of a trademark and provides assistance in every step of the registration process and maintenance of the trademark post-registration. Emphasis is laid on responsiveness and quality of the services that are offered by the Firm.
The Firm’s qualified team assists its clients through the entire process of protecting their trademark. From conducting searches to filing applications for registration of a trademark, drafting and filing replies to objections raised by the Trademarks Registry and representing clients at hearings. The Firm routinely advises large and small businesses, corporates, firms and individuals in a wide variety of industries.
The Firm represents its clients across various boards: The Registrar of trademarks in Delhi, Mumbai, Kolkata, Chennai and Ahmadabad and also the Intellectual Property Appellate Board (IPAB) in Chennai.
The team is also experienced in handling trademark applications for its clients in the entire Indian sub-continent including India, Sri Lanka, Pakistan, Nepal, Maldives, Bhutan and Bangladesh.
Apart from these countries, the team has also assisted its clients in filing their trademarks in other countries across the globe. Our team of lawyers working on the portfolios are well versed with Trademark Law in each of these countries and work very closely with their, reliable Local Associates (practicing in these countries) to get desired results. The team is also experienced in filing oppositions in all of these countries.
It is necessary to note that India is a member of the Madrid Protocol. The Madrid Protocol offers a trademark owner the possibility to have his trademark protected in several countries by filing one application directly in his own national or regional trademark office. The Firm’s highly experienced team assists their domestic clients, who are expanding their business to other countries, in protecting their trademarks worldwide under the Madrid Protocol.
The Firm has efficiently dealt with provisional refusals for its domestic clients by directly instructing law Firms in the relevant country.
Apart from that, the team also assists its foreign clients in responding to provisional refusals that are issued by the Indian Trademarks Office and are received by them under the Madrid Protocol.
Our services include -:
The Firm conducts pre-filing searches which (apart from the records of the Trade Marks Office) also includes searches conducted on its own proprietary database. This two fold approach enables the Firm to best advise its clients about potential relevant damage/ infringements. Additionally, proprietorship searches can also be conducted through the Firms database in order to ascertain the applications/registrations filed by a specific entity.
The Firm also works very closely with Investigative Agencies as investigations are often critical to the strategy. Throughout the investigations, the lawyers are in touch with the investigators to ensure that the investigation report reveals the desired results.
Any person or an entity which claims to be proprietor of a trademark can file a trademark application. A trademark may be filed as a single class or a multiclass application. The firm’s qualified trademark team ensures that the Client’s application is filed accurately and in a timely manner. Prior to filing the team conducts a search for the appropriate classes, under the NICE Classification (in accordance to the International Classification of goods and services), that the Client’s mark can be filed under.
The Firm has a state of the art customized software systems in place for timely prosecution of files. Accuracy and timely prosecution of the trademark is ensured at all stages at our Firm. The trademarks go through a strenuous prosecution at the Trademarks Registry: Examination of Application, Hearing (in case appointed), Advertisement, Opposition Period (4 months) and finally Registration of the application. The Firm assists the client through all these stages through an effective manner.
Based on the information provided by the system at various stages, regular follows ups are conducted with the Trade Marks Office. The Firm also provides a Free Watch Notice service for all its clients.
The Firm is adept at handling complex trademark contentious matters and regularly devises strategies for its clients. This helps the client in taking informed decisions based on pre-determined outcomes.
Once the trademark is registered, the registration is valid for a period of 10 years. The registration needs to be renewed every 10 years in order for it to be valid. The Firm assists the clients with the renewals including all the relevant formalities.
The Firm assists its client in formulating assignment, licensing and franchising agreements amongst others to protect the client’s best interest. Lawyers with extensive experience handle such matters in order to ensure that the finer points of the arrangement are duly addressed as per the applicable laws.
There is a tremendous growth in the number of domain name disputes that have arisen in India. The issues of cybersquatting and domain name theft have resulted in tremendous monetary loss as well as loss in goodwill that individuals and companies have accrued over the years. The Firm assists a section of their clients in registering and maintaining their domain name and also conducts periodic renewals to ensure their rights over the trademark are protected.