We are engaged in providng trademark services, trademark consultancy services, trademark registration services, company registration services. Ours is one of the few Law Firms who have been working for more than a decade doing the Registration of Trade Marks, Advising on trade mark related issues, protection of trade marks from misuse, conducting of Trade mark related litigation in India & abroad and assisting to make trade mark related contracts ( both domestic and International ).

LEGISLATION (INDIA TRADEMARK LAW)
The Indian law of trademark is enshrined the new Trade Marks Act, 1999 came into force with effect from September 15, 2003. The old Trade and Merchandise Marks Act, 1958 was repealed at the same time. The new Trademarks Act of 1999 is in line with the WTO recommendations and is in conformity with the TRIPS Agreement to which India is a signatory.

MAIN FEATURES OF NEW LEGISLATION IN INDIA
Under the new Trademarks Act of 1999:

• Registration of Service Marks allowed in addition to Trademarks for goods.
• No separate application necessary for each category/class of goods or services; a single application would do, however filing fee will be charged separately for each class of goods/services.
• The term of registration of trademark is ten years, subject to renewal thereafter.
• The system of maintaining registration of trademark in Part A and Part B with different legal rights, dispensed away.
• Registration of trademarks which are imitations of well known trademarks not permitted.
• Registration of Collective Marks owned by associations allowed.
• Offences relating to trademark made cognizable.
• Filing Fees enhanced by more than 8 times.
• Extension of application of convention countries.

India Trademark Registration - Our India Trademark Registration Service includes

• Preparation and filing of the Trademark application
• Maintaining the File and Free consultation with India Trademark Attorney who is our Trademark Consultant during the time your mark is processed by the Registry.
• Notifying acceptance of the application or objections by the office.
• Advising the publication of application in Trade Marks Journal and forwarding a copy of the relevant page publication to you.
• Advising time limits for responding to office actions.
• In the case of objections by the office, assisting you to prepare the response to the office objections through the services of our India Trademark Attorney

India Trademark Registration Service Fees includes

• Payment of Attorney Fees
• Payment of Government Fees for filing your application

India Trademark Registration Service does not include

• Oppositions by third parties and responding to such oppositions and appearances by the Attorneys (they will bill you directly)
• Fixed Cost Registration Service is not subject to our Money Back Guarantee
• We do not promise that your application would lead to automatic Registration.

Our Firm has specialised in protecting the rights of the Trademark owners across the world. We have a vast experience in trademark registration services, trademark consultancy, trademark litigations and arbitrations. We have handled some land mark cases getting injunctions for foreign clients in the cases of Registered trademarks and Passing off reliefs in case of unregistered trademarks. It is important to note that Indian Courts grant effective relief to protect trade mark owners against any kind of infringements. He regularly appears before Intellectual Property Appellate Tribunal in Chennai.

Domian Name Diputes
The managing partner is an expert in Domain name disputes. He has handled various cross border domain name disputes. He has handled the domain name dispute cases in WIPO Dispute Resolution Centre (World Intellectual Property Organisation) also.

Filing of Application:
The first step in getting a trademark registration is the filing of Trade Mark Application in Form 1, with the logo or word mark (as may be applicable), along with the applicants' particulars, including his address ( incase of a firm, the registered address of the firm). Please note that the duly notarized Power of attorney, although a mandatory requirement, can be filed at a later date.

Objections if any :
The next step is to meet with the objections raised in the examination report by the Registrar before he grants the orders for publication in the Trade Mark Journal. We shall need additional evidence at the time of examination of the mark and prior to its publication in the Trade Mark Journal to prove distinctiveness of the mark.

The following documents/information may be required to prove distinctiveness:

• The extent of advertisement with a few sample copies of advertising material and brochures
• The quantum of usage with a few invoices and the last gross annual sale of the goods under the Trade name;
• The extent of use of the mark in respect of time and area;
• A brief write-up on the importance attached to the trade mark in particular;
• The class of costumers and their standard of intelligence and education;
• The date of commencement of the use of the mark;
• If the trade mark has been registered in several countries and the law of Trademark is similar to that of India, certified

Copies of the registration of the marks in such countries may also be provided to us.
(Note: Examination report is sent to the attorney in about 45 days from the filing of the mark).

Post advertisement :
After the advertisement of the Mark in the Journal, it is open for the general public to file their objections to the grant of such trademark registration services. The time provided under law for filing the objection by general public is three months from the date of publication in the journal. (Note: This process is the most time taking and at times may take more than a year, considering the present back log at the Trade Mark office in India, however we shall endeavor to speed up the process).

Incase of no objection is raised by any body:
If no objection is raised by the general public, the Registrar may thereafter pass an order for registration of the Trade Mark and shall provide a certificate of registration of the mark.

(Note: Assuming there is no objection, then the above 3 processes may take about 1 year and 6 months from the date of filing of the mark).

Incase objections are raised by somebody:

If there is an objection raised by general public, then one is required to file the reply to the objection and thereafter adduce evidence with respect to the mark and finally argue the matter in support of his case.

(Note: Assuming that there is an objection raised by general public for the grant of registration for the mark as enumerated in point 5 above, then the entire process till grant of certificate shall take 1-2 years).

As regards the Power of attorney is concerned, we have to file duly notarized/ counsalrasied Power of Attorney.

Information required for filing of Trade mark Application in India

1. 10 Copies of Logo or copy in JPG format. (incase Logo is required to be registered).
2. Name of the applicant.
3. Address of the applicant.
4. Specification of good(s)/service(s).
5. Usage in India (if any usage).
6. Power of Attorney.