Trademark Law

• Trademark Prosecution & Enforcement

  The Team at A&A provides its strategic views on handling trademark prosecution, trademark oppositions, conducting trademark clearance searches, tackling infringement and providing clearance opinions, etc. We also craft optimal solutions to address a wide variety of issues including counterfeiting, trade dress claims, disparagement, etc.

• Litigation

  A&A regularly initiates/defends lawsuits for enforcement of IP rights through its Trademark Litigation Attorneys in various fora across India including District courts, High courts as well as the Supreme Court of India. The Firm has an established practice which deals with cases pertaining to infringement, passing off and disparagement of trademark.

• Domain name disputes

  We regularly assist our clients in initiating actions under the Uniform Dispute Resolution Policy (UDRP) before the WIPO Arbitration and Mediation Center and ADR Forum and under the IN-Domain Name Dispute Resolution Policy (INDRP) before the NIXI against cyber squatters.

• Licensing and Assignments

  A&A assists its clients in any transactional matters involving licensing and assignment of their intellectual properties. These include drafting, reviewing and negotiating of trademark licensing and assignment agreements.

• 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.

• 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.

• 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.

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 website – https://ipindiaonline.gov.in/eregister/eregister.aspx
• 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.