Trademark Registration and Litigation

We offer trademark registration services in India. Our expertise lies in:

  • Trademark infringement action
  • Trademark licensing documentation services
  • Trademark related litigation work
  • Many more

Our proficiency in this area is over a decade old. The team of experts dealing with Registration of Trade Marks have been offering advice and recommendation on a variety of trade mark related issues. These include:

  • Safeguarding trade marks from misuse and infringement
  • Organizing litigation related trademark in India & foreign countries
  • Offering help in settlement of domestic and international trade mark related contracts

Our clientele comes from over 30 nations across the globe.

Legislation (Indian Trademark Law)

The Trade Marks Act, 1999 is recognized as the pertinent Indian trademark law. The law came into force with effect from September 15, 2003. The implementation of this new law annulled the original ‘Trade and Merchandise Marks Act, 1958’. This new Trademarks Act of 1999 is legislated along the lines of the WTO recommendations. It also complies with the TRIPS Agreements.

According to the above stated law, India has become an integral part of the group of developed countries that are making dedicated efforts towards protecting the intellectual property rights via endowing with a system that guarantees prompt justice through a simplified procedure.

New Legislation in India – The Main Features of the New Trademarks Act of 1999

  • Besides trademarks for goods, registration of service marks is also permitted
  • No requirement for separate application for distinct category/class of goods or services. A single application will suffice. A separate filing fee will be charged for each category of goods/services
  • The stipulated term of trademark registration is 10 years. It is subject to renewal subsequently
  • Trademark registration maintenance system in Part A and Part B with different legal rights, dispense away
  • Imitation of recognized trademarks are not subject Registration
  • Association owned Registration of Collective Marks is permitted
  • Faults related to ‘trademark made cognizable’

Trademark Registration Service

We offer the following India Trademark Registration Services

  • Preparation and filing of the Trademark application. We make sure all requisite documents are in place.
  • Updating the number of the application
  • Maintenance of the File and follow-up with the office of Registrar of Trade Marks. This is crucial during analysis and dealing out of the Trade mark application
  • Informing about the approval of the application or objections raised by the Registrar of Trade Marks office
  • Counselling the publication of request in Trade Marks Journal by the Trademarks registry. Thereafter, a copy of the applicable page publication is forwarded to the client
  • In the event of objections by the office, we offer help to the client in arranging the response to the office objections. We also include it in the Registry within the time frame granted by the Registry

Trade Mark Related Litigation

We have gained specialization in protecting the rights of the Trademark owners around the world. We also hold vast experience in the following:

  • Trademark registration services
  • Trademark consultancy
  • Trademark litigations
  • Arbitrations

We have also attained mastery in handling land mark cases getting sanctions for foreign clients in the cases related to registered trademarks. We have passed off reliefs for unregistered trademarks.

The Indian Courts grant significant relief to safeguard trade mark owners against all kinds of trade mark infringements. Our associates appear before Intellectual Property Appellate Tribunal in Chennai regularly. They are also regular in the High Court of Delhi.

Trademark Licensing

Recently all the Indian market is flooded with international brands after India had given a green signal to Foreign Direct Investment to Single brand retail stores. This has facilitated foreign brands to market in India through a ‘licensing agreement’ for legal use of their trademarks.

The Trademark model is also recognised by the Indian law. This has curbed the possibility of misuse of International marks even if they are not registered in India.

We have assisted many International Trademark owners to license their trade marks to Indian Companies. Our experts have done this via proper drafted licensing agreement. We hold many years of experience in handling issues rising out of these trade mark licensing agreements.

Domain Name Disputes

Our managing associate is a Domain name dispute connoisseur. He holds experience in handling many cross border domain name disputes successfully. The WIPO (World Intellectual Property Organisation) Dispute Resolution Centre disputes have also been effectively handled by our associate.

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