Trade Mark Consultant in Gurugram

Trademark Law In India A trademark is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors, three dimensional image, domain name of website, shape of goods 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.Trademark Service Advisory Trademark Search & Opinion Trademark Application Filling Drafting of User Affidavit by way of Evidence International Registration under Madrid Agreement Convention Trademark Filing in other countries International Registrations (IR) designating to India Provisional Refusals response and handling Responding to Office Actions Trademark Hearing Renewal & Maintenance Recordal services: assignments, change of name/address Handling rectification of clerical error by TMR Expedited Legal Certificate Drafting Assignment Deed & Licensing Agreement Filing and responding to Oppositions/Rectification Watch service for conflicting marks with recommendation on oppositions Filing Oppositions and Rectifications/Cancellation Handles infringement and passing off proceeding before courts Filling of Application for enlisting in “Well-Known Mark” category Portfolio Management Important Key Points/FAQs About Trademarks What is trademark & type of trademark?If it is a word it should be easy to speak, spell and remember and which are invented words or coined words or unique geometrical designs.Please avoid selection of a geographical name, common personal name or surname. No one can have monopoly right on it. Avoid adopting laudatory/admiring word or words that describe the quality of goods (such as best, perfect, super etc.). It is advisable to conduct a market survey to ascertain if same/similar mark is used in market. Who can apply for a trademark and how?Any person (natural/artificial-legal entity) claiming to be the proprietor of a trademark used or proposed to be used by him, may apply in writing in prescribed manner for registration. The application should contain the trademark, the goods/services, name and address of applicant and agent (if any) with power of attorney, the period of use of the mark. The application should be in English or Hindi. It should be filed at the appropriate office. The applications can be submitted personally at the Front Office Counter of the respective office or can be sent by post. These can also be filed on line through the e-filing gateway available at the official website. Process of Registration of Trademark in IndiaIn India, once someone files online/off line application for registration of a trademark in a particular jurisdiction of his choice, the usual time taken by the Trademarks Registry from filing to registration is between 18-24 months for a straight forward application.The Indian Trade Mark Office securitize all applications with respect to the(a) Filing requirements(b) Absolute Grounds (Under Section 9 of Trademark Act, 1999) or(c) Relative Grounds (Under Section11 of Trademark Act, 1999) over the earlier identical or confusingly similar trademark applications/registrations for the goods or services concerned for refusal.If it is found to be registrable, the examiner will accept the same and forward it for advertisement in the Journal. In case of any objections, the Examiner issues an Examination report and the applicant has to prepare and file a response in 30 days. If the Registrar’s decision is again against the registration of the mark, the Trademark Registry fixes a date of personal hearing. The Applicant is then required to represent his case before the Registrar and satisfy the Registrar regarding acceptability of the proposed mark for registration. In the affirmative, it will be published for the opposition of third parties for 4 months in Official Trademark Journal. Application will be registered within 2-3 months after expiry of period of filing notice of opposition, provided that no oppositi