Trademark Registration
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Trademark Registration
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Trademark Expertise
Legal Thirst Associates (LT Associates): Premier Trademark Law Firm in India
LT Associates stands out as one of India's leading trademark law firms, boasting a dedicated team of top-tier trademark lawyers. Our trademark practice consistently provides precise and effective advice to a diverse portfolio of international and domestic clients. From conducting pre-filing clearance searches to expertly managing oppositions and rectifications, LT Associates handles every phase of trademark prosecution with confidence, solidifying our reputation as a premier trademark law firm in India.
Comprehensive Trademark Expertise
At LT Associates, our trademark expertise encompasses the entire spectrum of trademark-related services. This includes the filing and prosecution of applications, conducting efficient pre-filing clearance searches, and managing and defending oppositions and rectifications. We ensure seamless registration processes, post-registration maintenance, including renewal and restoration of trademarks, and maintenance of domain names. Our services also cover responding to technical and substantive objections in Examination Reports, addressing provisional refusals, drafting user affidavits, and representing clients at hearings at the Trade Marks Registry Office. Additionally, LT Associates offers vigilant monitoring of potential conflicting marks filed by third parties, promptly reporting any concerns to our clients.
By maintaining the highest standards of professional responsibility and service delivery, LT Associates continues to lead the field in trademark law, providing tailored solutions to meet the unique needs of each client.
Our Trademark Services at LT Associates
LT Associates offers a comprehensive range of trademark services, including:
Eligibility to Register a Trademark in India
In India, anyone who claims ownership of a trademark, whether currently in use or proposed for future use, can submit an application (using form TM-A) along with a user affidavit (if claiming prior use). The application must meet the following eligibility criteria:
Distinctiveness
The trademark must be unique and not similar to any existing third-party mark to protect the brand's identity.
Non-descriptiveness
The trademark should not merely describe the product or service, as descriptive marks fail to serve as unique identifiers.
Non-deceptiveness
The trademark must not be misleading or create false associations with renowned brands or inaccurately represent product quality.
Non-similarity
The trademark should not resemble any existing third-party mark within the same or related category, to avoid consumer confusion and maintain distinctiveness.
What Cannot Be Registered as a Trademark?
Certain conditions outlined in Sections 9 and 11 of the Trademarks Act, 1999 can prevent an element from being registered as a trademark. Common issues include:
Lack of distinctiveness
Generic words or terms that simply describe the product.
Likelihood of confusion
Identical or similar unregistered trademarks used for goods/services in the same domain as a registered mark.
Deceptiveness
Marks that create consumer confusion, falsely suggest connections with other brands, or mislead the public.
Vulgarity or profanity
Elements containing obscene, scandalous, or offensive content that violates public policy or morality.
Types of Trademark
A trademark is a visual symbol used by a company to distinguish its products or services. This symbol can include names, designs, color schemes, and more, which help customers identify and differentiate the company's offerings from those of other entities.
Eligible elements for trademark registration include: Names (real words or invented terms), Designs, Logos, Slogans, Taglines, Letters, Abbreviations, Symbols, Devices, 3-dimensional signs, Monograms, Color combinations
Additionally, unconventional elements such as shapes, packaging designs, sound marks, scent marks, and motion marks are increasingly being recognized as trademarkable assets.
Word Mark
A word, letter, or number used to represent a brand, product, or service.
Service Mark
A trademark that is used to identify and distinguish services provided by a company.
Collective Mark
A trademark that identifies a group or association of individuals or companies.
Certification Mark
A trademark that is used to indicate that goods or services meet certain standards or qualifications.
Design Mark
A logo or other symbol used to represent a brand, product, or service.
Trade Dress
A trademark that includes the visual appearance of a product, such as its shape, packaging, or color.
Combined Mark
A trademark that includes both a word and a design element.
Sound Mark
A trademark that is a distinctive sound, such as a jingle or musical note.
Color Mark
A trademark that is a distinctive color or combination of colors associated with a product or service.
Timeline TM
Order Placed
Place Your Order & Fill Your Trademark Questionnaire
Order Placed
Day 1
Trademark Search Report
Get Trademark Search Report of the proposed Trademark, that you have filed in Questionnaire.
Trademark Search Report
Date 2
Send Documents
Send Documents according to your List of Documents sent to you over mail.
Send Documents
Day 3
Trademark Filing
Get your Trademark Application Filed & Get Acknowledgement.
Trademark Filing
Day 3-4
Order Placed
Place Your Order & Fill Your Trademark Questionnaire
Date 1
Trademark Search Report
Get Trademark Search Report of the proposed Trademark, that you have filed in Questionnaire.
Date 2
Send Documents
Send Documents according to your List of Documents sent to you over mail.
Day 3
Trademark Filing
Get your Trademark Application Filed & Get Acknowledgement.
Day 3-4
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Frequently Asked Questions
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The Trademark Registry has classified goods and services under 45 classes. Each class lists a host of goods/services and depending on those you are offering, you need to mention the class(es) on your trademark application. The trademark would be registered and protected under those classes only.
It can take anywhere between 6 months to 1 year for your trademark to be approved. However, we can apply and start using the ™ symbol within a few days if we can get all the details and documents at the earliest.
The total number of shares that a company may issue to its shareholders is known as its authorised capital. A Company must pay the authorities an issued capital fee before issuing shares.
An application can be made for registration of a trademark actually used or proposed to be used by any person claiming to be the proprietor of the trademark. In the case of a prior user of the mark, the concerned person is required to submit an affidavit along with evidence to support his claim of priority. In India, for the facilitation of the registration of the trademarks, the Trademark registry operates from five locations i.e. Delhi, Mumbai, Ahmadabad, Kolkata, and Chennai. In the case of Indian applicants, jurisdiction is decided based on the principal place of business of the applicant and in the case of foreign applicants, jurisdiction is based on where an applicant’s agent or attorney is situated.
Yes, the filed mark is allowed to be amended as per the provision of Section 22 of the Trademarks Act, which allows the amendment of the mark provided it does not amount to a substantial change in the character of the mark as such. Any superficial or insignificant character or feature of the said mark is allowed to be amended if a request is filed in the prescribed format along with 16 copies of the amended label mark.
Any individual, company, partnership firm, or legal entity claiming to be the owner of a trademark can apply for registration.
A trademark registration is valid for 10 years from the date of filing of the application. It can be renewed indefinitely for successive periods of 10 years each.
Yes, foreign companies and individuals can apply for trademark registration in India, either directly or through an authorized agent or representative.
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