Trademark / Copyright / Patent

Trademark / Copyright / Patent

A trademark is one of the elements of Intellectual Property Right, which is represented by the symbol (TM) or (R) or mark. This trademark is a distinctive sign which is used by an individual, business organization or other legal entity to identify uniquely the source of its products and/or services to consumers, and to distinguish its products or services from those of other entities.

We are specialized in developing, maintaining, obtaining, commercializing, and litigating trademarks in India and abroad. When a client is eager to use and register a trademark or a company name in India, we help them to evaluate the registrability of the mark and the potential risk in using that mark. We also offer professional opinion on other relevant issues.

Trademark Services in India
We offer comprehensive India Trademark Services, which cover all the requirements and expectations of our clients beginning from Trademark Search, Trademark Filing, Trademark oppositions and Appeals. We provide Comprehensive India Trademark Search facility where we conduct a search in India, which includes all the trademarks issues and pending trademark applications they are published in the official journal or unpublished.

What is the function of a trade mark?
- Under modern business condition a trade mark performs four functions
- It identifies the goods / or services and its origin.
- It guarantees its unchanged quality
- It advertises the goods/services
- It creates an image for the goods/ services.

Who can apply for a trade mark and how ?
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney, period of use of the mark and signature. The application should be in English or Hindi. It should be filed at th appropriate office.

How to apply for a trade mark in respect of particular goods or services?
It is provided under the Trade Marks Act, 1999 that goods and services are classified according to the International Classification of goods and services. Currently schedule IV of the Act provides a summary of list of such goods and services falling in different classes which is merely indicative. The Registrar is the final authority in the determination of the class in which particular goods or services fall. The Schedule IV of the Act is annexed at the end of this questionnaire on trademarks. For detailed description of other goods and services please refer to the International Classification published by WIPO or contact the local office for assistance.

What are different types of trademarks available for adoption?
-Any name (including personal or surname of the applicant or predecessor in business or the signature of the person), which is not unusual for trade to adopt as a mark.
-An invented word or any arbitrary dictionary word or words, not being directly descriptive of the character or quality of the goods/service.
-Letters or numerals or any combination thereof.
-The right to proprietorship of a trade mark may be acquired by either registration under the Act or by use in relation to particular goods or service.
-Devices, including fancy devices or symbols
-Combination of colors or even a single color in combination with a word or device
-Shape of goods or their packaging
-Marks constituting a 3- dimensional sign.
-Sound marks when represented in conventional notation or described in words by being graphically represented.