A. MUKHERJEE & CO’s Trade Mark Services include the following:-

 

  • Pre-Filing Trade Mark Search.
  • Pre-Filing Opinion.
  • Trade Mark Application.
  • Reply to Trade Mark Examination Report India.
  • Compliance to Provisional Refusal Notices with respect of the Madrid Applications Designating India.
  • Trade Mark Opposition.
  • Trade Mark Rectification/Cancellation.
  • Trade Mark Renewal.
  • Trade Mark Restoration.
  • Trade Mark Recordal.
  • Trade Mark Assignment.
  • Trademark License Agreement.
  • Passing off and Infringement of Trade Mark.
  • Enforcement and Anti-counterfeiting.
  • Customs Protection of Trade Mark in India.

 

The key function of a trade and service mark is to ensure the correct correlation of the source and quality of goods and services to the rightful proprietor, like honey from a beehive.

 

The use of symbol ® with the trademark when it is not registered in India is an offence under section 107 of the Trade Marks Act, 1999.

 

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 trade mark/service 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, sound, a specific process of packing, a particular combination of colours;
  • It must be used in relation to goods or services;
  • 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;