Trademark is a mark capable of being represented graphically and which is capable of distinguishing goods and/or services of one person or business from those of others. A mark may include a device, a brand, a heading, a label, a ticket, a name, a signature, a word, a letter, a numeral, shape of goods, packaging or combination of colors, or any combinations thereof. The trademark can be applied in one or more of forty-five classes of Nice Classification of goods (34) and services (11).
We provide trademark search and analytics services. Our search reports are accompanied by an opinion suggesting the possibility of registration of a proposed trademark. We also provide risk analysis reports that enable clients to make decisions concerning trademark use, passing off, opposition, dilution, and infringement, etc. Our reports enable clients to make decisions on various aspects of their trademark portfolio, such as sale, licensing, or lease of the trademarks. We also offer trademark application filing and prosecution services in India and internationally.
To obtain statutory protection on their trademark one should file an application for registration of their trademark in jurisdictions where they might have economic interests. Before filling the application for registration, it helps to determine one or more classes under which the application would be filed and the description of goods and/or services rendered.
Trademark maintenance involves actions that people or businesses take to keep their registered trademarks valid. Trademark maintenance generally consists of one or more of four elements, viz., payment of renewal fee, issue of a cautionary notice, submission of an affidavit of use, and docketing of proof of renewal of basic registration.
• The payment of renewal fee is generally performed every ten years (10) from the date of registration.
• A cautionary notice is used in some countries to show ownership of a trademark.
• The affidavit of use (also called a statement of use) is typically filed with the payment of renewal fee.
• The receipt issued by the Trademark Office, after the payment of the renewal fee, is docketed as proof of renewal of the first registration.
Trademark prosecution typically includes a series of interactions between an applicant and/or their attorney, and the officials of a trademark office, to get an applied mark registered. Trademark prosecution may include preparing and submitting written communications in response to communications issued by the concerned trademark office or may include attending hearings by the applicant and/or their attorneys, in person.