Trademark / Service Mark
What is TRADEMARK?
A TRADEMARK (popularly known as brand name) in simple language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. In other words, A TRADEMARK is a word, phrase, symbol or design, or combination of words, phrases, symbols or designs is used in the course of trade which identifies and distinguishes the source of the goods or services of one enterprise from those of others.
What are Procedures for Registration of TRADEMARK?
In India, the procedures of Trademark registration are covered under the provisions of The TradeMarks Act, 1999 and The Trademarks Rules, 2002. Mumbai, Delhi, Kolkata, Ahmadabad and Chennai are respective jurisdiction of Trademark registration office in India.
What you mean TRADEMARK Search?
Any person may request the Registrar to cause a search to be made in respect of a Trademark relating to specified goods or services to ascertain whether any mark is on record which resembles the Trademark in respect of which the request is made. Before filing an application for a Trademark registration, it is highly advisable to conduct a comprehensive Trademark search. A basic Trademark search includes registered Trademarks and pending applications for Trademarks in India.
Time Frame for TRADEMARK Registration:
If there is no objection and /or opposition raised, then process of registration of Trademark usually takes 1-1.5 years and incase of any objection/opposition proceedings it usually takes approx 3 years.
What are documents needs for TRADEMARK Registration?
Proprietorship concern: Full name and address of the proprietor and true copy of related documents
Partnership concern: full name and address of all partners and true copy of related documents
Company concern: full name and address of all directors and true copy of related documents
If you have claimed that the proposed mark is used since before application, please provide evidence for your claim
Please provide label of the proposed Trademark(Label size 9cm x 5 cm )
Other Conditions
All above mentioned Trademark search and registration are done by laws and regulation done by TRADEMARKS REGISTRY in India. We are not responsible and not refund the above said amount, if you fail to produce related documents of your Trademark, if and when Trademark registry required. At any circumstances, the above said payments are not refund after submitting application for Trademark search and registration
In case your Trademark search result is failed, then you have change your name of mark and resubmitted the same for search. We have charged of Rs.500/- for new search
Any dispute, difference or question which may arise at any time related with this service are solved and adjudicated by Arbitration in accordance with and subject to the provisions of the Arbitration and Conciliation Act 1996 or any statutory modification or re-enactment thereof for the time being in for
- Trademark search
- Advising on the register ability of Trademark / Service Mark
- Filing and prosecuting Trademark applications in India
- Filing International Trademark application as per Madrid protocol by claiming priority
- Filing Trademark applications in individual countries
- Filing EU community Trademarks
- Prosecution (oppositions and hearings)
- Registration of a Trademarks or Service marks in India or worldwide
- Preparations of Trademark caution Notices / other warning notices to be published from time to time
- Maintenance of a Trademark, ie. periodical payment of renewal fees, recording the changes of ownership of Trademark / Service mark etc.
- Legal advice on infringement of a Trademark, passing off or any kind of unfair competition
- Cease & desist legal notice
- Alternative dispute resolution/Arbitration and conciliation
- Litigation in case of infringement, passing off or any kind of unfair competition
- Assignment/ Licensing.
- Post Grant Opposition and defence
- Due diligence
