A trademark can be defined as any mark proficient of being depicted graphically which is competent of separating goods or services of one enterprise from those of other enterprises. A sign can incorporate a word, letter, name, personal signature, numeral, device, any figurative element, brand, label, ticket, colour, sound, shape, aspect of packing, or any blend of these characteristics.
In India, trademark laws and regulations are a mixture of domestic laws and international treaties, including but not limited to the Madrid Protocol and Agreement. Brand proprietors can register their trademarks by filing applications of the trademark after searching brand clearance in the relevant categories of goods and services. As well as international brand owners can also get a trademark registered in India by following international Madrid Protocol treaty administered by WIPO.
Why Is Trademark Search Necessary?
Trademark search is essential to identify if the mark is previously in practice by a third party. The brand which you want to preserve may already have been listed or the rights to use that mark may already have been allocated. Besides, if the search outcomes reveal that the brand is already registered, the expense in a trademark search would preserve various charges, including the filing fees of the trademark. The searches directed by our trademark lawyers in India are a precise match search for the image or logo in the certain class of goods or services.
Trademark Prosecution in India
Trademark prosecution in India involves filing an application of trademark with the Indian Trademark Office (“IPO”) and demonstrating against any Examination Report (Office Action) collected from the Trademarks Registrar. The prosecution process of trademark commences when an application for registration of a trademark is filed either claiming the previous usage or, a proposed to be used application of trademark.
When has a trademark been infringed?
A registered trademark is violated by the unauthorized use of that brand or a brand that is considerably same or deceptively alike to it:
• In connection to any goods or services for which the mark is registered;
• In connection to goods or services that are comparable, unless the alleged party sets the use isn’t meant to mislead or create confusion); or
• Where the relevant brand is well-known in India and indicates a relationship with the owner and thereby negatively influences its interests.
How does Narula & Narula help?
Narula & Narula provides all services essential for the registration of a mark, including filing applications, answering to office actions, recording assignments and maintaining registration. Our team develops and examines Trademark Licensing Documentation considering the quality requirements of clients.