Intellectual Property could be the most viable solution for the protection of your brands and inventions internationally with trademarks, patents, and copyrights. Trademark in simpler terms is anything that identifies the origin of the goods or services. They help in distinguishing the products and services from those of the competitors. Trademarks are usually the most valuable assets of a business as they represent the organization and its reputation. Trademark protection can be sought for names, logos, and straplines, and even for shapes, colours, sounds and smells provided they are distinctive and can be represented graphically.
A&A’s Expertise in Trademark Registration
Ahlawat & Associates has a dedicated team of experienced Trademark Lawyers in India, who assist in Trademark registration, protection, and enforcement. We have served numerous clients and rendered their intellectual property services in sectors including but not limited to the lighting sector, entertainment sector, the technological sector, personal care and sanitary sector, FMCG sector, security sector, digital gold sector, sports sector, real estate sector, e-commerce sector, educational sector, hospitality sector, etc.
We offer a full range of trademark protection and enforcement legal services, including:
- The routine filing and prosecution of Indian Trademark applications
- Community Trademark applications and international applications
- Advice on bespoke Trademark protection strategies, including advice on the most comprehensive and cost-effective methods of obtaining protection
- Preparing commercial agreements concerning trademarks, including license, assignment, and franchise agreements
- Instigating and defending trademark opposition and invalidation actions
- Trademark portfolio management
- Taking action against the infringement of trademarks.
Process And Procedure of Trademark Registration
In terms of process, the stepwise procedure for registration of trademarks in India is as follow:
Search with the Trademarks Registry
For getting a trademark registered with the Trademarks Registry in India, the first step is to search the Registry database for any identical or similar mark.
Details required for preparing and filing the application:
If it appears that no identical or similar mark is present in the Register of Trademarks, it is possible to apply for the registration of the trademark.
Within a month of filing an application for registration of a trademark, an examination report is issued by the Trademarks Registry pointing out the objections raised to the registration of the trademark. A reply to these objections needs to be filed within 1 month from the receipt of the examination report. If no objections are pointed out the subject mark is accepted.
After accepting the application if the Registrar is satisfied that the trademark can be registered, he publishes the trademark in the Trademarks Journal to invite third-party oppositions, if any. Any third party can oppose an accepted application within 4 months’ time period from the date of its acceptance.
The trademark proceeds for registration if no opposition is filed within 4 months from the date when Trademarks Journal was made available to the public. The entire process may take around 6-8 months for the grant of the registration certificate. Please note that once registration is granted, it dates back to the date of filing application.
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