- Trademark Search
- Trademark Filing
- Trademark Prosecution before the Trade Marks Registry
- Trademark Opposition
- Trademark Registration
- Trademark Renewal
- Trademark Rectification or Cancellation
- Trademark Appeal
- Trademark Assignment
- Trademark Licensing
- International Trademark Registration
- Cancellation/Rectification proceeding at High Court
- Appeal proceeding at High Court
- Litigation before the Civil Court
- Infringement and Passing-Off Action
- Criminal Proceeding
- Portfolio Management
- Investigation Service
Trade mark Search
Database of the Indian Trade Marks Registry is searched for trade marks by the general public. Availability of a proposed trade mark for use in conjunction with specific products or services is determined by this search. The processes above are standard practices for trade mark searches in India. To ensure that your company name or logo is registrable as a trade mark, it is advised to obtain professional guidance. Before submitting your trade mark applications, we humbly advice you to use Lexmotion trade mark search services for better clarity and guidance.
Trade mark filing
Trade mark filing is required for registration, enhanced protection, and the prohibition of the use of fake trade marks for goods and services. A firm can invest in branding and ensure that its products and services have a distinctive branding in the market by obtaining a registered trade mark. All documents and description of products/services must be accurately mentioned during filing a trade mark application, otherwise the application may attract the objections from the Trade Marks Registry. Therefore, it is best to seek assistance from an experienced trade mark attorney when filing for a trade mark.
Trade mark prosecution before the Trade Marks Registry
Following approval, the application is published in the trade marks journal, which is subject to opposition for four months after publication. Anybody with a personal interest may register an opposition to the registration of a trade mark. This procedure is intrinsic, complex and time consuming. Our team of experts in Lexmotion assists clients in such cases for better clarity, guidance and defence.
Trade mark opposition
In order to prevent the registration of a trade mark, third parties must file an opposition within four months following the trade mark’s advertisement. Any individual, natural or legal, is permitted to submit an opposition to the Registry. Any individual person, business, partnership firm, or trust is included within this. It should be noted that the individual filing the opposition need not hold a prior trade mark registration with the Registry or any commercial interest in the subject matter. After receiving the notice, the applicant has two months to submit a counterstatement; otherwise, the Registry may consider the trade mark application to have been abandoned. When handling opposition proceedings, it is important to keep in mind the specific law and. Following are the grounds of opposition –
- Any trade mark that lacks a distinguishing feature or contains information that might be used in trade to signify quality, quantity, intended use, values, geographical origin, or the time of production.
- Mark is probably going to confuse or deceive the people. This includes any mark that could be mistaken for an existing registered trade mark or that has developed a reputation in the course of business.
- Mark contains topics that could offend any group or segment of the population’s religious sensibilities.
- In accordance with the Emblem and Names Act of 1950, the mark is forbidden.
We Lexmotion being the legal group can assist you if you’re seeking for information on the trade mark objection procedure.
Trade mark registration
In order to prohibit third parties from advertising identical or comparable goods or services under the same or confusingly similar trade marks, registration grants the registered owner exclusive rights. The Trade mark Act of 1999 in India gives you the option to register your trade mark. It gives the owner of the registered mark exclusive rights of ownership and forbids others from using the mark. The process of registering a trade mark is heavily engaged, but you can make it simpler by speaking with one of our knowledgeable attorneys in Lexmotion, who can offer guidance and help you get the process done quickly.
Trade mark renewal
Every ten years, the owner of a trade mark has the option to extend it indefinitely. The Registrar provides the trade mark holder with a window of six months prior to the expiration of ten years so they can renew their trade mark and keep using the rights granted. If a trade mark owner doesn’t renew it, the registrar will publish an advertisement in the trade mark Journal announcing the trade mark’s loss. Our efficient legal experts in Lexmotion can guide you in matter.
Trade mark rectification or cancellation
Any person aggrieved by the trade mark registration has the right to request the removal, revocation, or correction of the trade mark register. Rectification is the process of removing a registered trade mark from the register after it has been inactive for five years. Contrary to the opposition process, only those with a substantial interest or those who would suffer serious harm from the mark’s continued use may file for rectification. A collective mark might also be struck off the register if its use has made it susceptible to deceiving the public into believing it to be a collective mark. It is best for you to seek assistance from an experienced trade mark attorney. Following are the grounds of rectification –
- The trade mark was not used for three months prior to the application date, and there was no genuine intention that it would be used in connection with the goods and services that it was initially registered.
- The entry in the register was obtained without good reason, with fraudulent intent or by misrepresenting the truth, or if the trade mark is substantially and deceptively similar to another previously registered trade mark.
- Five years after its registration, the registered brand has not been used.
- There is no longer any public benefit for the mark to stay registered or the proprietor is no longer capable of providing the products and services for which the mark is registered.
Trade mark assignment – To assign a trade mark is to give another party the owner’s rights in that trade mark. The person transferring is known as the assignor, while the party receiving is known as the assignee. Such an assignment must be recorded in the Trade mark Register irrespective whether the trade mark is registered or pending for registration. Both the assignor and the assignee as well as both of them may submit such an application. By requesting the same or comparable rights as those of the assignor, the assignee frequently tries to trample on the rights of the owner. Here, accurate and quality drafting of the trade mark assignment agreement is crucial and necessitates that the assignment be made in accordance with the parties’ intentions. Our team of committed and knowledgeable IPR attorneys assists clients in finding the appropriate legal recourse.
Trade mark licensing
In case of a license for use of a trade mark, the licensee often tries to infringe on the rights of a owner by asking for the same or similar rights as those held by the licensor. In this case, it is essential that the trade mark licence agreement be written precisely and thoroughly and that the assignment be carried out in line with the parties’ intentions. While the licensee has the right to commercially use the mark, the licensor receives payment in the form of royalties. But licencing could also damage the reputation of the brand if it is not controlled. Therefore, it is crucial to include provisions on quality control of goods or services in the licence agreement.
International trade mark registration
The trade mark applicant must submit an application for international trade mark registration under the Madrid Protocol through the applicant’s trade mark office, also referred to as the office of origin. The office of origin for Indian businesses is the Office of Registrar of Trade marks, India. The trade mark application will be processed by the office of origin before being submitted to the Intellectual Property Organization in Geneva. In the event that the trade mark application is approved, the mark is entered into the International Register and made public in the WIPO Gazette of International Marks. The International Bureau subsequently issues a certificate of international registration and notifies every Madrid Protocol contracting countries for whom the trade mark applicant has requested protection. The services we provide at Lexmotion are frequently customized to meet the needs and requirements of the clients both domestic and foreign.
Cancellation/rectification proceeding in the High Court
After registration of a trade mark application if any body being interested party wants to file application for cancellation/rectification of the same, the same may be done before the respective High Court only. Team Lexmotion assists with proper advice not only in drafting and filing the application for rectification of any registered trade mark by the aggrieved party but also in defense on behalf of the registered proprietor.
Infringement and passing-off action
Brand infringement occurs when someone uses a trade mark or service mark without authorization. Passing off pertains to unregistered trade marks, whereas trade mark infringement pertains to registered trade marks. Section 29 of the Trade mark Act of 1999 makes reference to trade mark infringement. It indicates that a person will be held liable for trade mark infringement if they utilise a trade mark that is registered by another business or individual and cause confusion among consumers. Passing Off covers unregistered goods and services, whereas a trade mark protects goods and services that are documented. One of the most important distinctions between passing off and trade mark infringement is this one. But the reality is that trade mark infringement and passing off are treated similarly in this case. While trade mark infringement is a legislative remedy, passing off is a statutory and constitutional remedy. When compared to Passing Off, criminal prosecution for trade mark infringement is simple. The brand and goodwill of a firm are greatly impacted by the laws relating to passing off and infringement. Any person may directly go to court if they discover that their trade mark, whether registered or unregistered, is being used improperly. Strategic and comprehensive advice are provided by seasoned IP lawyers at Lexmotion in matter of infringement and passing off of trade mark and disputes concerned with it.
Litigation before the civil court
Any person being aggrieved may file a suit for infringement and/or passing off any trade mark in the concerned civil court before the District Judge only or in respective commercial court or the original side of the concerned High Court, if any. Experts IP lawyers of Lexmotion handles all types of Trade mark litigations with their best efforts.
Infractions involving the false application of a trade mark or the sale of products bearing a fraudulent trade mark are punishable by imprisonment for a term of at least six months that may be extended to three years and a fine of at least 50,000 rupees that may be increased to two lakh rupees. The Section 115(4) of the Trade Marks Act, 1999 discusses the police’s authority to search for and seize any such goods in order to take legal action against trade mark infringement. The proprietor should pursue criminal action in order to act quickly against any infringement. According to Section 156 of the Code of Criminal Procedure, the owner should submit a criminal complaint. In accordance with subsection 3 of Section 156, if the police refuses to file a FIR or begin criminal proceedings, the offended party may make a complaint with the Magistrate in accordance with the procedure outlined in section 190 of the Code of Criminal Procedure, 1973. The process for requesting a search warrant has been outlined in Section 93 of the Code of Criminal Procedure, 1973, and can be done by going straight to the magistrate court. Our extensive experienced team of criminal lawyers and IP lawyers ensure that Lexmotion, in a manner, is best suited to such requirements of our clients.
Trade mark appeal
Any party who is unsatisfied by an order of the Trade Marks Registry or order of the lower civil or criminal court may file an appeal with the High Court in whose jurisdiction the appellant certainly and voluntarily resides, conducts business, or acts for gain, and the High Court may order that execution of the order be stayed pending resolution of the appeal. These cases demand a lot of critical analysis and the nitty gritty of IP law; trade mark law to be rightfully interpreted and handled by a veteran lawyer and experienced team of legal professionals for quality drafting of the application and/or petition to be filed at the High Court. Experienced team of IP litigation lawyers at Lexmotion deals with all above situations of a trade mark appeal.
Trade mark Portfolio Management is the correct, timely, and strategic management of all legal processes, beginning with monitoring and advising your own use of your own trade marks to ensure registration doesn’t lapse due to prolonged periods of non-use, protection from online infringement of your trade mark related with a trade mark/service-mark ranging from its registration and maintenance to complete protection in the desired jurisdictions. So, with perfect and effective trade mark portfolio management, a corporation may always maintain the safety and profitability of the business associated with its brand.
Team Lexmotion always suggest how to manage IP portfolio of any organization in the best possible way.
When there are problems affecting the clearance, registration, and enforcement of your trade mark, trade mark investigation services are required. In order to assist you automatically protect your intellectual property rights or evaluate detections and decide, trade mark investigation services of Leaxmotion search online marketplaces, social media platforms, mobile applications, and websites for potential trade mark infringements every hour.