BACKGROUND
TO
TRADE MARK LAW
IN
INDIA
Trade Mark Law
The Trade Marks Act, 1999 and subservient rules and regulations together govern the Trade Mark ecosystem in India. The new Trade Marks Act, 1999, with subsequent amendments, conforms to the TRIPS and is in accordance with the international systems and practices
Eligibility for registration
of a
Trade Mark
According to the definition of a ‘trademark’, a mark is registrable if it is capable of being represented graphically and of distinguishing the goods or services of one party from those of another. This can include Word marks, Device, Shape of goods and their packaging, A colour or combination of colours, Sound Marks and 3D Marks
Benefits of Trade Mark Registration
Ownership of a trademark in India is determined on a first-to-use basis. The trademark law mandates the first-to-use rule over the first-to-file rule. A trademark registration provides prima facie evidence of ownership and validity, provides statutory protection in India, helps to deter others from using the trademark unlawfully and allows a suit for infringement to be brought.
Trade Mark in India and Madrid Protocol
Indian Parliament has passed the Trade Marks (Amendment) Bill, 2009 for enacting special provisions relating to protection international trade marks under the Madrid Protocol. Consequently, from the date of the international registration of a trade mark where India has been designated or the date of the recording in the register of the International Bureau about the extension of the protection of a trade mark to India, the protection of the trade mark in India shall be the same as if the trade mark had been registered in India.
Our Trade Mark Services (India and International)
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Trade Mark search
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Drafting of relevant Deeds
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Filing of applications for registration
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International Registration under Madrid Agreement
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Trade Mark Renewal
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Trade Mark Opposition
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Trade Mark Rectification
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Trade Mark Assignment
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Trade Mark Licensing and Transmission
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Consequent registration of assignment
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Trade Mark Infringement Analysis/ Opinion
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Status of Trade Mark Registration
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Trade Mark Portfolio Management
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Trade Mark Watch & Litigation
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Trade Mark Removal
We also handle International Registrations under Madrid Agreement
We also assist Non-Indian entities in IPR registration within India
REGISTER YOUR TRADE MARK TODAY!
Documents required for
a trade mark application
Please fill out the form given below or e-mail the below mentioned details on our official e-mail provided in this website.
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Name, Address and Authorized Signatory of the organization
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Official Phone Number and E-mail
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Deed of constitution of the organization (such as partnership deed, Memorandum and Articles of Association), if any
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Name of the trade mark and Nature of goods/services sold/rendered under the trade mark. If your mark is a logo/label/image, then a soft-copy of such mark.
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If the trade mark is already in use then
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Date of First Use of the trade mark
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Yearly turnover of goods/services sold/rendered under the trade mark from the year of commencement till the current year
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Yearly advertisement or promotion expenditure pertaining to the trade mark from the year of commencement till the current year
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Please note that a General Power of Attorney shall also need to be executed by you for which will provide you the necessary draft once we receive all your details. On case-to-case basis, further details may be required for which you may be contacted by our office.
