Trademark Related Services

Trademark Search and Application

Trademark Search: Conduct a search on the Indian Trademark Registry to confirm the uniqueness and availability of the proposed trademark.

Trademark Classification: Identify the correct class(es) for the trademark filing according to the NICE Classification (45 classes covering goods and services).

Trademark Application Filing (Form TM-A): Submit an application with the Trademark Registry, detailing the mark, class, and applicant information.

Trademark Examination and Response

Trademark Examination Report: After application submission, the registry issues an examination report highlighting any objections.

Reply to Examination Report: File a response to address objections within 30 days of receiving the examination report.

Trademark Hearing: Attend a hearing before the registrar if objections remain unresolved, to further argue the case.

Trademark Publication and Opposition

Publication in Trademark Journal: If accepted, the trademark is published in the Trademark Journal for public scrutiny.

Opposition Proceedings (Form TM-O): Third parties may file an opposition within four months of the trademark’s publication.

Response to Opposition: Submit a counter-statement to respond to any filed opposition, which may lead to further hearings if the opposition continues.

Trademark Registration and Issuance of Registration Certificate

Registration Certificate: If there is no opposition, or if opposition is resolved in favor of the applicant, the trademark is registered and a registration certificate is issued.

Trademark Renewal (Form TM-R): Renew the trademark every 10 years to maintain its validity, ideally six months before expiration.

Post-Registration Compliance and Maintenance

Watch Service: Monitor for potential infringements or similar trademark filings by third parties.

Trademark Assignment (Form TM-P): File an assignment if ownership is transferred and notify the Trademark Registry.

Trademark Licensing (Form TM-P): Submit a license agreement if the trademark is licensed to others, detailing the licensee.

Record of Change in Proprietor’s Name/Address (Form TM-P): Update the registry on any changes to the proprietor’s details.

Renewal Notices and Filing: Ensure timely renewal by filing Form TM-R. Late renewals may be filed within six months post-expiration with an additional fee.

Trademark Restoration (Form TM-R): Apply for restoration within one year after expiration if the trademark lapses due to non-renewal.

Trademark Rectification and Cancellation

Application for Rectification (Form TM-O): File for rectification if the trademark registration has errors or was wrongly registered.

Trademark Cancellation/Removal: Submit an application for cancellation or removal if the trademark is unused for five consecutive years post-registration.

Trademark Protection and Enforcement

Trademark Infringement Action: Take legal action against unauthorized use of similar or identical marks.

Cease and Desist Notice: Issue a notice to infringers demanding they stop using the trademark.

Customs Recordation: Register with customs authorities to prevent the import of counterfeit goods.

International Trademark Protection (Madrid Protocol)

International Application (Form MM2): For multi-country trademark protection, file an international application under the Madrid Protocol through the Indian Trademark Office.

Managing Renewals and Compliance Abroad: Ensure renewals and compliance with procedural requirements in each designated country under the Madrid Protocol.

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