Trademarks

Build brand recognition and uniquely identify your goods or services with the use of a trademark.

What is a trademark?

A trademark distinguishes your goods or services from those offered by others. Many marks can be trademarked, including business names, invented words, slogans, logos, sound marks, 3D marks, and symbols. Without a trademark, your brand, reputation, and business can become vulnerable.
We ensure innovators, inventors, individuals & companies are able to share their creations with confidence. Trademarks are used to drive innovation and economic growth, and we have the expertise in this field to ensure you succeed. For legal advice that protects your business, get in touch today.

Illustration

Why obtain a trademark?

There are various reasons to acquire a trademark. For example, a trademark:

    evidences ownership of your goods or services
    bolsters your market position, demonstrating your credibility and ensuring you stand out from the competition
    protects your commercial interests by giving you legal recourse against infringement, deterring others from passing off their goods or services as yours

Can I apply for a trademark?

Parties eligible to apply for a trademark include:

    individuals
    companies and company owners
    partnership firms
    proprietorship firms
    LLPs
    societies or trusts

What cannot be trademarked?

Words and designs cannot be trademarked if they:

    directly allude to the character or quality of the goods or services
    indicate geographical significance
    connote a personal name, surname or common abbreviation
    resemble an existing, established trademark intended for use in the same line of products
    are confusing, deceptive or unlawful

Filing a trademark application

De Penning & De Penning make the trademark application process straightforward.
We will scrutinise a trademark on its suitability for protection and enforcement.

word- words-phrase- language-message

Word marks

    Words, letters or numerals themselves (not their presentation)
    Possible to trademark generic words if their use is arbitrary
    Consider the connotations of your trademark in different regions
Artboard 13

Figurative marks

    Non-standard stylisation, layout or characters
    Use of graphics or colour
    Changes to design after trademarking will not be protected

Collective marks

    Trademarked by collective organisations
    The collective holds the rights to the mark
    Members can use the mark to distinguish their goods and services

Well-known marks

    Recognised by the public in association with particular goods and services
    The geographical reach and length of time for which the mark has been promoted will be examined
    Prevents deceptively similar marks being adopted for goods and services in other fields

Looking for legal advice about trademarks?

Expert Trademark Lawyers and Attorneys serving clients across India and around the World

Our knowledge and presence in this field has its roots in intellectual property protection stretching back over 165 years. De Penning & De Penning can advise on using trademarks to protect and promote your brand worldwide. For expert legal assistance with obtaining trademarks in India and beyond, contact us today.

Procedure for obtaining a trademark

01.

  • Trademark search

    Confirm that no similar trademarks exist on the Trade Marks Register. Infringing on another party’s intellectual property could provoke costly litigation.

02.

  • Filing an application

    File an application at the office of the Trade Marks Registry, stating your trade style, the goods or services, and the date of commencement of use (if any).
    Where the trademark is a logo or label, we need one representation in JPEG format, with good resolution, sent by mail.

03.

  • Examination

    Examination can take 12 to 18 months. The examiner may accept your application absolutely, accept it conditionally or object to it.
    If your trademark is accepted conditionally or objected, you will be given a month in which to respond to the examiner’s objections and fulfil any conditions for acceptance. Should your amended application still not be accepted, you may request a hearing.
    After filing the application and allocation of official application number, the following option is available. If you wish to expedite the prosecution of a trademark application, we have the option of filing an official request at the Trade Marks Registry.
    As per the relevant provision of the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, the Registrar will issue the Examination report on an expedited basis, within three months from the date of filing of such request. Also, the entire processing of the application, including opposition if any, will be expedited.

04.

  • Publication

    After being accepted, your trademark is published in the Trade Marks Journal. Third parties may oppose registration of your trademark within four months of publication.
    If your trademark is opposed, you and the opposing party will submit written statements and evidence, and a hearing will be held. The Registrar will decide whether to refuse the opposition or your application.

05.

  • Registration

    If your trademark proceeds to registration, you will receive a registration certificate from the Trade Marks Registry.

06.

  • Renewal

    Your trademark is valid for 10 years. It can be renewed infinitely.