Best Trademark Law Firm in India

Get in touch with the team of best trademark lawyer in India and safeguard your brand value and reputation.

A&A is one of the leading trademark law firms in India having a dedicated team of best trademark lawyers in India. The firm's trademark practice includes consistently advising a diverse portfolio of international and domestic clients with precision and efficacy. From conducting pre-filing clearance searches to adeptly handling oppositions and rectifications, A&A can treat every phase of trademark prosecution with assurance, earning its reputation as the best trademark law firm in India.

A&A’s expertise in the area of trademarks includes filing and prosecution of applications, efficiently conducting pre-filing clearance searches, handing and defending oppositions/rectifications, managing registrations, ensuring post-registration maintenance including renewal and restoration of trademarks, maintenance of domain names, response to any technical/substantive objections (in the Examination Reports), responding to provisional refusals, drafting of user Affidavits, attending hearings at the Trade Marks Registry Office, etc. A&A further provides the services of monitoring any potential marks of concern filed by any third parties and reporting them to the clients.

What can be Registered as a Trademark?

A trademark is a visual symbol that a company uses on its products or services to make them stand out. It could be a name, design, color scheme, etc. These trademarks help the customers identify the products and services offered by the company and differentiate it from similar products or services made by other entities.

Any name, whether it's an actual word with meaning or a newly crafted invention, along with designs, logos, slogans, taglines, letters, abbreviations, symbols, devices, 3-dimensional signs, monograms, combination of colors are eligible for trademark registration. Additionally, there are some unconventional elements which have started gaining recognition as trademarkable assets. They encompass shapes, packaging designs, sound marks, scent marks and motion marks. All the aforementioned elements can be trademarked.

What cannot be Registered as a Trademark?

Conditions provided under Sections 9 and 11 of the Trademarks Act, 1999 can hinder an element from getting registered as a trademark. Among the most frequently encountered are-

  • Lack of distinctiveness: If it’s a generic word or a term that is descriptive of the product.
  • Likelihood of confusion: When an unregistered trademark is identical or similar to a registered mark used for goods/services in the same domain, it cannot be registered.
  • Deceptiveness: If a mark creates confusion for consumers, falsely suggests connection with another brand, or misleads the public in any manner, it cannot be registered.
  • Vulgarity or Profanity: Any element containing obscene or scandalous matter, or likely to offend any class or section of the public and is against public policy or morality, cannot be registered.

What is the Eligibility to Register a Trademark in India?

In India, any person who claims ownership of a trademark already in use or proposed to be used in future, can submit an application (by way of filing on form TM-A) along with the user affidavit claiming prior use (if applicable) following the prescribed procedure for registration, filed at the appropriate registry. However, prior to filing a trademark application, it is important that it adheres to the eligibility criteria which includes (but not limited to):

    A. Distinctiveness- A trademark must be distinctive and should not have any similarity with any pre-existing third party mark, since the purpose of a trademark is to protect the unique identity of a brand. In view of this, it is necessary that the mark is distinctive in nature.

    B. Non-Descriptiveness- A trademark that is descriptive in nature and describes the product or services would be considered ineligible for registration. Such descriptive marks fail to function as a distinctive identifier for the brand. Therefore, it is important that the mark is non-descriptive.

    C. Non-Deceptiveness- A trademark that can be misleading and causes deception is not eligible for registration. For instance, if a trademark falsely suggests an association with a renowned brand or inaccurately portrays the quality of the product or service, it will not meet the criteria for registration.

    D. Non-similarity- A trademark that resembles a pre-existing third party mark within the same or related class of goods or services cannot be eligible for registration. Such similarity has the potential to create confusion among consumers and undermine the distinctiveness of the existing trademark.

Our Trademark Services

  • Trademark Search, due-diligence and filing
  • Trademark Prosecution and Registration
  • Trademark Registration
  • Trademark Renewals/Maintenance
  • Handling Global Trademark Portfolio
  • Trademark Opposition, Trademark Rectification
  • Trademark Risk Clearance
  • Trademark Litigation Management
  • Domain Name Dispute Resolution
  • Trademark Enforcement
  • International Trademark Filing (Madrid Protocol Filing)
  • Advising on brand guidelines, protection and enforcement
  • Advisory and legal opinion on various commercial transactions
  • Drafting and negotiating various contracts, such as IP assignment agreements and IP license agreements.

Work Highlights

  • We have obtained a favourable interim injunction order for one of our clients in a pending trademark infringement and passing off lawsuit.
  • We have filed trademark applications for the shape of a clock for one of our clients based out of the United Kingdom.
  • We have represented a major conglomerate in the retail sector for assistance in putting in place relevant documentation to address the trademark issues identified during the due diligence of the client.
  • We have been able to obtain trademark registration by overcoming a distinctiveness objection by relying upon the trans-border reputation of the mark.
  • We have drafted and filed an application for declaration of a mark as well-known for a major player in the education sector.
  • We have field a suit for infringement of trademark for a popular company involved in offering architectural solutions.

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Trademark Portfolio Management

Expert trademark portfolio management. Protect, monitor, and optimize your brand assets efficiently.

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  • Experienced & Efficient Team

    At A&A, we strongly believe that our team of experts are our main strength. Our strong foundational principles have guided us to ensure that we have the best trademark lawyers in India, thus ensuring optimum management and service of even the most complex legal problems. It is due to our standards of professional responsibility when dealing with our clients and various matters that has enabled us to qualify as one of the reputed IPR firms in India.

  • Rich Industry Experience

    A&A has played a vital role in providing industry-specific and expert opinions on multifarious legal issues (particularly revolving around trademark disputes). The trademark team with their exposure and experience delivers quality work and ensure amicable solutions to the most complex legal queries.

  • Client-Centric Approach

    A&A adopts an approach that demands the highest levels of knowledge, technical skill and service delivery which results in accurate, reliable, timely, and cost-effective advice while maintaining international standards of excellence and create a bespoke approach for every client and their business.

  • Cost-Efficient

    We make sure that our fee structure is transparent and predictable for our clients. We believe that client relationships are based on trust and a sense of common purpose, and we never falter on our promise of exceptional legal work, making us one of the best trademark law firms in India. Our priority has been to deliver the best legal & business solutions and our fee arrangements are tailored to the needs of the client, the client’s goals, and the nature of the matter.

Frequently Asked Questions

  1. What are Trademark Services?

    The services provided by attorneys or law firms (consisting of attorneys) in respect of trademarks is called trademark services. These services could range from conducting clearance searches, filing and prosecution of a trademark applications, handling opposition/rectification/infringement actions, handling post renewal activities in respect of registered trademarks, etc. Trademark services would also cover providing advisory and handling domain name disputes, filing takedown notices with social media networking platforms, publication of cautionary notices, etc.

  2. Why choose Ahlawat & Associates for your Trademark services?

    Ahlawat & Associates is ranked amongst the top full-service law firms in India and is recognized for its experienced and robust IP practice. Founded in 1978, A&A has been bestowed with numerous prestigious awards, has been listed in reputed rankings and has been recognized by numerous websites for its exceptional and niche intellectual property practice. A&A’s focus on IP spans the entire range of intellectual property rights and categories including – trademarks & brands, patents & inventions, technologies and techniques, copyrights & creativity, industrial & aesthetic designs, entertainment, media, broadcasting, digital, streaming and related rights, information technology (IT), internet and cyber law, product development & technical know-how, IP asset management, IP policy and regulation, product liability & consumer protection, telecom & communication, and trade secrets.

    In addition to a spacious and elegant physical office space in the heart of New Delhi, we also possess sophisticated technical infrastructure which keeps evolving as per the Clients’ needs and the changing legal landscape. A&A’s platform for docketing and tracking its entirely digitized files enables its Attorneys to be readily available from any location.

  3. What are the Trademark services offered by A&A?

    We provide services relating to conducting pre-filing trademark searches, preparing due-diligence reports, legal opinion and analysis, handling filing, prosecution, enforcement, registration & renewals of trademarks, pursuing rectification, cancellation and opposition proceedings. Further, the Trademark Attorneys at A&A also provides its expertise on domain name dispute resolution, protection and enforcement, advisory and legal opinion on various commercial transactions, drafting and negotiating various contracts, such as IP assignment agreements and license agreements.

  4. What does a Trademark protect?

    A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. A Trademark protect logos, names and brands. Trademark registration confers an exclusive right to the use of the registered trademark and to restrict others from using an identical mark (or any mark similar thereto).

  5. What is the term of trademark registration in India?

    In India, the term of trademark registration for a trademark is 10 years from the date of application. A trademark can be renewed in India from time to time for an unlimited period on timely payment of the renewal fees, failing which the mark becomes liable to be removed from the Register of trademarks. Each renewal term is for a period of 10 years.

  6. How to check trademark status?

    One can check the trademark status by following the below mentioned steps:

    • Log on to the IP India Registry website of the Indian Govt.
    • On the left side of the page, the first option that reads ‘Trademark Application/Registered Mark’ is to be selected. Once it is selected, two options appear. One needs to then click on National/IRDI Number and then the application number has to be entered.
    • Additionally, the captcha code also needs to be entered correctly. Once the details are entered, click on ‘View’. Once the ‘View’ button is clicked, the website will display the status of your application.
  7. How much time does it take to register a trademark in India?

    The entire process of registration of a trademark takes somewhere around 15-18 months, provided no oppositions or objections arise in the meantime. This timeline includes the entire trademark prosecutions, that is everything from the initial application submission to the final approval of registration.
  8. Can I use someone’s name as a trademark?

    Yes, a name (including personal or surname of the applicant or predecessor in business or the signature of the person) can be registered which is not unusual for trade to adopt as a mark.

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