Trademark is a prerequisite to Brand Building and the journey from Trade Mark to Brand and Brand Equity is tedious and needs proper blending of resources. A mere advertisement doesn’t help! Therefore, corporates need to be very cautious while going through the journey from Trade Mark to Brand Equity, wherein attributes such as Trade Marks selected to represent certain goods/services, the relevance to the products they represent, their distinctiveness from competing products/services, and promotion and positioning campaigns among numerous other parameters play a crucial role. A trademark is essential for distinguishing yourself from your competition.
Trademark prosecution is a sequence of transactions between a trademark lawyer and authorities from a trademark office in order to complete the prescribed task. Trademark prosecution can be done before or after registering a trademark/service mark, and it can be done both at the domestic and international level. As a result, this is an unavoidable trademark-related process.
Trademarks can be rejected on the following two grounds-
The procedure for registration of Trademark in complex with time restraint at every step of it. We at IIPRD help you comply through it with utmost diligence. The procedure is as follows-
If there is no opposition to the trademark’s registration within the 4-month advertising/publication period, an auto-generated registration certificate is given within 1 week. Registration is valid for 10 years, after which it must be renewed.
The trademark prosecution stage is essential. Once registered, a trademark becomes a sacrosanct, intangible asset of the firm, protecting the corporation’s investment in the brand. The most significant advantage of having a registered trademark is the ability to protect one’s brand as well as the business. Furthermore, having a strong brand may operate as a direct connection between the consumer and the product by ensuring they are dependable and linked with the company for a long time. As a result, it is strongly urged that every business register their trademark and renew it on a regular basis.
In general, the primary goal of any pre-registration or post-registration trademark prosecution is to persuade the appropriate authority (trademark examiner/registrar) to consent to and carry out the duty requested by the applicant/trademark owner.
For instance, trademark prosecution for registration seeks to persuade the registrar that the submitted trademark/service mark is properly and immediately registrable in the country in question. As a result, trademark prosecution needs recent data, in-depth and strategic understanding of the work at hand, inventiveness and articulateness, as well as necessary practical knowledge and leadership skills.
Obtaining a trademark is nothing short of a launch pad for your company, and you should do it correctly. Our team of skilled and competent intellectual property professionals handles the whole trademark application and prosecution procedure in India. Trademark searching, trademark strategy, trademark registration, and trademark renewal are all part of our extensive menu of trademark management services.
Our Trade Mark attorneys at IIPRD have years of expertise dealing with trademark prosecution. Our Trade Mark specialists can assist clients with prosecution methods and build a strong defence. Our experienced attorneys can evaluate each trademark application and recommend the best course of action based on the facts of the case.
Over a decade, our trademark attorneys of national and worldwide repute have assisted several entrepreneurs, corporations, firms, and organizations from India and other nations across the world.
Our seasoned and dynamic trademark lawyers in India provide prosecution services for local and international trademark prosecutions of Indian citizens and businesses, as well as trademark prosecutions on behalf of global corporations across India. Domestically, trademark prosecutions for various purposes intended by Indian and international businesses are carried out expertly in accordance with the Trade Marks Act, 1999 (including any changes made thereto to date) and the new Trade Marks Rules, 2017.
International trademark prosecutions for Indian corporations are actively involved in various economic fields, on the contrary, are delivered in accordance with the laws and rules outlined in the following international trademark treaties or conventions, which become relevant to our Indian clients based on their business needs and strategies- the WTO TRIPS Agreement; the WIPO Madrid Protocol; the Paris or Berne Convention; and the European Union Trade (EUTM).
We at IIPRD, perceive trademark application submission and registration as the beginning of a brand protection strategy. We ensure that your company has a stable foundation and thus, offer strategic advice on trademark registration, including mark selection, approval, and strategic filing.
We have expertise in drafting the finest, most relevant specifications of your company’s products and services, as well as reacting to office actions and examiner reports in order to update applications and overcome objections. We also have expertise in tracking trademark applications and competitors’ filings, and we can advise you on how to keep your exclusive brand identity unique and marketable. Most importantly, our straightforward, practical guidance can assist you in making educated decisions about attaining your targets while efficiently handling your expenditures.
IIPRD along with its “Legal 500” recommended and leading full service IP Law Firm, Khurana & Khurana, Advocates and IP Attorneys have been assisting over 600 Indian and International Corporates on multifarious Trade Mark Legal and Branding Issues comprising:
We at IIPRD, ensures trademark accuracy and prompt prosecution at all levels. Trademarks are subjected to arduous prosecution at the Trademarks Registry, which includes the following steps: application examination, hearing (if necessary), advertisement, opposition period (4 months), and eventually registration of the trademark/brand name. We effectively guide the client through all of these stages. Regular follow-ups with the Trade Marks Office are undertaken based on the information provided by the Registry at multiple phases which is accessible to you also.