Trademarks Lawyers & Attorneys Mumbai, Delhi, Kolkata & Chennai, India

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.

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 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

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

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.