Trademark is a unique sign, symbol, word, design or expression which is used to distinguish goods and services of one person from those of the other. In other words, trademark is the identity of source of origin of a product or service. A word, logo, packaging, sound and shape of goods are recognized by the Indian trademarks system. In India, trademarks are governed by The Trademarks Act, 1999 and The Trademarks Rules, 2017.
FILING AND PROSECUTION
Filing a trademark application with proper applicant and in proper class is very important for building a strong trademark portfolio. It is also important to cover the different aspects of the mark properly. We represent our client in filing and prosecuting their trademark applications providing all information accurately to build the strongest portfolio for our client. We also strictly adhere to all the procedural requirements and office actions by replying the examination reports and attending hearing on behalf of our clients.
We also facilitate trademark registration in foreign countries through our foreign associates.
OPPOSITIONS AND RECTIFICATIONS
A trademark can be challenged before and after registration through oppositions and rectifications. We deal with such complex contentious issues and provide our best to defend such challenges securing the interest of our client at the best.
We also prepare and file oppositions and rectifications for our clients.
BRAND DEVELOPMENT AND RISK MITIGATION
The launch of a new brand and brand building in the Indian market is a complex affair. We provide a comprehensive legal assessment of all foreseeable risks to our clients and help them in implementing their brand development successfully. We also work with our clients in planning and execution of risk mitigation.
Registered trademark only confers the exclusive right to use the mark. It is proprietor’s duty to keep an eye on infringement on products or services sold under the identical or deceptively similar mark. We ensure effective enforcement of trademark rights of our client through suitable pre-litigation measures. We also ensure effective enforcement through obtaining favorable injunctions orders where the pre-litigation measures would not suffice.
We have a team of dynamic lawyers having comprehensive experience in trademark law to represent our clients before all level of courts (District Courts, High Courts and the Supreme Court) and various tribunals for safeguarding the interest of our clients.