Trademark

A trademark is any word, name, logo, symbol, slogan, sound, colour, or combination thereof that identifies and distinguishes the goods or services of one business from those of others. In India, trademarks are governed by the Trade Marks Act, 1999, and registration is administered by the Office of the Controller General of Patents, Designs and Trade Marks. While trademark rights can arise through prior and continuous use in the marketplace, registration confers significant advantages including a statutory presumption of ownership, an exclusive right to use the mark in relation to the registered goods or services, and the ability to take legal action against infringers.

A registered trademark is valid for ten years from the date of application and can be renewed indefinitely in successive ten-year periods, making it one of the few intellectual property rights that can last in perpetuity. Trademarks are registered across 45 internationally recognised classes 34 for goods and 11 for services under the Nice Classification system, and a single application may cover multiple classes. Beyond traditional marks, Indian law also recognises non-conventional trademarks such as sound marks, colour marks, and three-dimensional marks, reflecting the evolving nature of brand identity in modern commerce.

Our Services

  • Trademark search and availability checks (word marks, logos, device marks)
  • Clearance/conflict search reports
  • Advisory on registrability and distinctiveness of a mark
  • Class identification (under the Nice Classification system)
  • Brand strategy and counselling before filing
  • Filing and prosecution of trademark applications, including responding to technical and substantive objections in Examination Reports, drafting user affidavits, and attending hearings at the Trade Marks Registry
  • Filing and prosecution of Madrid Protocol applications (international filings) before the Trademark Office
  • Filing for non-traditional marks — sound marks, colour marks, 3D marks, shape marks, and combination marks
  • Post-registration maintenance including renewal and restoration of trademarks
  • Monitoring potential marks filed by third parties and reporting them to clients
  • Trademark watch services through journal reviews
  • Management of large multi-class, multi-jurisdiction trademark portfolios
  • Initiating and defending opposition and cancellation proceedings
  • Opinions on chances of success in opposition matters
  • Rectification proceedings before the Trademark Registry
  • Trademark infringement suits before courts
  • Passing-off actions for unregistered trademarks
  • Border enforcement through customs recordation
  • Cease and desist notices
  • Criminal complaints under the Trade Marks Act
  • Anti-counterfeiting actions and raids
  • Transactional support such as licensing, assignments, brand endorsement agreements (including by influencers), and merchandising agreements
  • Trademark due diligence in M&A transactions
  • Franchise and technology transfer agreements involving trademarks
  • Co-existence agreements and negotiated buy-outs
  • Drafting and filing domain name complaints and responses before the .IN Registry or ICANN
  • Social media takedown notices and online brand protection
  • Monitoring e-commerce platforms for infringing listings
  • Analysing market survey findings to assess genericness and offering reclamation strategies for brands that have become generic
  • Well-known trademark declarations
  • Opinions on infringement, validity, and scope of trademark rights
  • IP policy and regulatory advice
  • International filing strategy across multiple jurisdictions (including SAARC countries)
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