• Trade Mark search & pre-filing opinion;
  • Trade Mark application and prosecution;
  • Filing suitable response to the provisional refusal notice for the International trade mark application designating India filed under Madrid System;
  • Trade Mark Renewal;
  • Recordation of Assignment, Change of Name & Address, Licensing, Registered Use, Amalgamation etc;
  • Pre-Opposition opinion;
  • Trade Mark Opposition and Rectification proceedings;
  • Filing Appeals before the Intellectual Property Appellate Board;
  • Opinion on Infringement & Passing off;
  • Brand protection strategies;
  • Enforcement and Anti-Counterfeiting;
  • Investigation;

 

Quite interestingly, patents, registered designs and copyright are protected only for a limited period but in general, a registered trademark can be protected in perpetuity subject only to the condition that it is periodically renewed and the registered proprietor takes any infringement seriously.

 

A trade mark is a visual symbol; it can be in the form of a word, a device, a label applied, brand, signature, colour or a specific combination of several of them, which indicates to the public that the goods having such visual representation in the form of the symbol that they are goods manufactured of otherwise dealt with by a particular person as distinguished from similar goods manufactured and/or dealt with by other persons.

 

It ought to be mentioned here that a trade mark must have and be the following:

  • The mark must be capable of being represented graphically;
  • It must be capable of distinguishing goods or services of one from another;
  • It may include a particular shape of the article, a specific process of packing, a particular combination of colours;
  • It must be used in relation to goods or services;
  • The use of the mark has got to be for the purpose of indicating a connection in the course of trade between goods or services and some persons having the right as proprietor;
  • In Indian date of application is the date of registration;
  • In India use of a trade mark within 5 years 3 months from the date of registration (herein the date of registration is the date on which the trade mark is actually entered in the register and not the date of application) is necessary to avoid cancelation of a mark on the ground of non-use;
  • In India if owner of a trade mark could not renew/restore his mark within one year from the last renewal due date, the mark may be expunged/removed from the register by the Registrar;