Trademark is a word, phrase, symbol or design, or combination of words used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others. It includes a device, heading, label, ticket, name, signature, numeral, shape of goods, packaging or combination of colours or any combination thereof. In general Trademark is your brand name. Our trademark services include the followings
- Trademark Search
- Trademark Registration
- Contesting & Defending Trademark Opposition
- Assignment of Trademark
- Licensing of Trademark
- Cease and Desist Notice
- Action against infringement
Trademark Prosecution in India
Trade Mark Search:
A Trade Marks search can be conducted to ascertain the existence of prior registrations of identical marks.
Application for registration of an ordinary trademark (including a service mark) must be filed in Form TM-1.
India ratified the Paris Convention in December, 1998. An application for registration of a trade mark claiming Convention Priority must be filed in Form TM-2 along with the priority documents within 6 months from the date of filing in the convention country.
To register a Collective Mark for the benefit of members of an association of persons (but not partnership) the application must be filed in Form TM-3.
It is possible in India to file an application for o¬ne trademark covering more than o¬ne class of goods/services with payment of additional fee for each additional class.
If the specification of goods or services exceeds more than 500 characters, the prescribed fee must be paid for each additional character by filing Form TM-61.
After making application but before the registration of the trademark, to correct any clerical errors or to make any changes Form TM-16 should be filed along with official fee.
After filing the application with Trademark Registry, Applications are then examined mainly with regard to the distinctiveness, possibility of deceptiveness and conflicting trade marks. The examination report will be sent to the agent or attorney who acts on behalf of the applicant. The response to the examination report must be filed within 30 days of the receipt, otherwise the application will be deemed as abandoned.
If the registrar of the trademark satisfies with the response to the examination report filed by the applicant, he will accept and allow the mark to be advertised in the Trade Marks Journal.
After the advertisement the Mark remains open to opposition for Four (4) months, in the prescribed form, by a person interested to oppose.
If there is no opposition against the proposed registration or the opposition proceedings have been decided in favor of the Applicant, the Trade Marks Registry will proceed to grant the Registration.
After Registration the trademark must be renewed every Ten (10) years thereafter.