A Trademark is a source identifier and provides a business its unique identity. The main function of a Trademark 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 under the provisions of Trademark Law in India. From conducting searches to filing applications for registration of a trademark/brand name, 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 for trademark filing in India as well as in other countries. Depending on the nature of the company or if the applicant is a start-up or an individual, the Firm also advises on the varied, brand name registration fees in India.
The Firm represents its clients across various boards and tribunals: The Registrar of Trademarks in Delhi, Mumbai, Kolkata, Chennai and Ahmadabad and also the Intellectual Property Appellate Board (IPAB) in Delhi as well as 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 the aforementioned countries, the team has also assisted its clients in trademark filing and prosecution across the globe. Our team of lawyers working on the portfolios are well versed with Trademark Law in India as well as 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.
Apart from filing through Local Associates globally, a trademark applicant may also proceed through the Madrid protocol to protect its rights. 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. The Firm has also assisted foreign attorneys as well as applicants who have designated India under the Madrid Protocol, respond to various objections raised in the Provisional Refusal and attend hearings.
Contact us to know more about how you can protect your brand name in India as well as around the world. We shall be happy to provide you with the brand name registration fees in India and around the world.
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 for conflicting and identical third party marks. 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 who claims to be a 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 trademark, 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 trademark can be filed under. The Firm has been well ranked and recognized for its esteemed services of trademark filing in India and various other countries as well as prosecution of the trademark around the world.
The Firm has a state of the art customized software system in place for timely prosecution of files and matters. 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 trademark/ brand name. The Firm assists the client through all these stages through an effective manner.
Based on the information provided by the system as well as the Registry 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 to determine any potentially conflicting third party trademarks.
The Firm is adept at handling complex trademark contentious as well as non-contentious matters and regularly devises strategies for its clients. This helps the client in taking informed decisions and decide on an informed strategy,based on pre-determined outcomes.
Once the trademark/ brand name is registered, the registration is valid for a period of 10 years. The registration needs to be renewed continuously every 10 years in order for it to be valid. The Firm assists its 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.