Trademark

What is a trademark? Why get a trademark registered?

A Trade or Service Mark is a name or other sign which serves to indicate a connection in the course of trade between the owner of the mark and the goods or services which the owner supplies. It is capable of being represented graphically; and distinguishes the good or services of one person from those of others and may include numerals, shape of goods, their packaging and combination of colours, etc. For many businesses, Trademarks are the very distinctive feature and are their most valuable asset.

Registration of a Trademark, which can last indefinitely, gives the proprietor, the exclusive right to use the mark in relation to the goods or services for which it is registered.

To be registrable, a Trademark must be distinctive, i.e., not descriptive of the goods or services and should not conflict with other traders’ marks. However, it is possible for competitors to lawfully acquire and use your Trademark if it is not duly protected.

Services we provide

We are consistently rated as having one of the country’s top trademark practitioners and serve clients in broad range of industries in India and across the globe. We assist clients in connection with :

Searching and advising on the availability of trademarks.

Registration.

Policing, Designing programs tailored to prevent infringement of our clients’ trademark rights.

Third-party watch services.

Anti-counterfeiting- Coordinating anti–counterfeiting programs, working with the Customs Service officials in apprehending shipments of counterfeit goods; working with investigators to find counterfeit goods.

Enforcement- Representing plaintiffs and defendants in litigation before courts of law.

Transactions- Preparing license agreements, assignments and security interests in these rights.

Requirements for filing

Name, address and nationality of applicants

Type of Applicant (Individual; Small entity or Start-up/Large entity)

Trademark/ Logo

List of all goods/services in respect of which the trademark is used or proposed to be used

International class

Date and place of adoption of the trademark

Date since when the trademark is being used in India

Priority data & documents, if any (priority is claimed within 6 months of the Conventional Application)

Power of Attorney


The government fee for filing of trademark / patents / design, grant of patent / design, request for examination of patent, payment of annuities, etc. is based on the type of applicant :

Natural person/ start-up/ small entity

Large entity

The lowest fee is payable by an individual person/ start-up/ small entity (in India, an entity is considered to be a small entity if the initial investment of the entity does not exceed INR 50 crores and the last turnover does not exceed INR 250 crores) which is usually 1/5th of the official fee paid by the large entity.

What is a domain name?

Domain names are the names for the information’s address on the Internet and are used to locate information on the Internet. This has been possible due to Domain Name System (DNS), which translates these domain names to the IP addresses of the computers.

The Internet Corporation for Assigned Names and Numbers (ICANN) is responsible for the administration of Top Level Domain Names.

The domain names are allocated by the administrator of the Top Level Domain (TLD), if the requested domain name is not already assigned previously.

The management and operations of .IN Registry are managed by the National Internet Exchange of India (NIXI). IN Registry is now the official registry for registration but this registry does not carry out the functions itself, but through accredits registrars.


Like a trademark, a domain name too is associated with a particular firm and creates a unique identity. In today’s world when most of the work is done on the World Wide Web, it can help prevent other people from misleading customers. Hence, it is very important to get a domain name registered.


Services we provide

We help our associates in getting domain names registered through accredited Registrars. Our firm also provides for the protection from cyber squatting

Cyber squatting is registering, trafficking in, or using a domain name in bad faith with the intent to profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.

Requirements for filing :

Applicant / Technical / Billing / Administrative Details :

Name

Address

Phone / Fax Number

Email Address

Description of applicant’s trademark, if any.