“Need Trademark for your creativity, contact Agnihotri & Jha Associates®”

Agnihotri & Jha Associates® is a leading law firm dealing with IPR matters for more than two decades and has represented numerous clients in Trademarks related matters. Agnihotri & Jha Associates® has a qualified and competent team of lawyers who have years of experience working in the industry. The team is well reputed within the industry and are seen as leaders in the practice. Our trademark registration service begins with an official search for your brand name, logo and combination mark for trademark availability.

Agnihotri & Jha Associates® has been one of the renowned trademark consulting firms with a noteworthy record of success of no rejections from the Trademark Registry. Brand naming service, trademark search, brand name registration, logo registration, label trademark and concept registration are our intellectual property services.

With our Trademark Registration Consultants who have experience in trademark availability, trademark filing, trademark review, reply to examination, re-examination, and hearing for more than two decades, Agnihotri & Jha Associates® makes the trademark registration process quick. Our duty does not end with just filling the trademark, in fact, here it begins, we track and take action for all the trademark to be registered. With our in-house IP experts and trademark registration consultants, secure your brands!

Meaning

In the simplest terms, trademark can be defined as a mark that can be represented graphically and be distinguished on the basis of color, shape or size. Trademarks are traditionally used to distinguish goods or services offered by one person or company from others. It can be issued to any combination of colours, name, word, signature, label or device amongst many other things.

In India, the new Trademark regime has paved way for greater benefits to trademark holders and has allowed them to make commercial gains with the help of both domestic and international investments. The registered trademark can be renewed after every 10 years.

Registration

One of the earliest stages of successfully registering a trademark is applying for the Registration before the Registrar of Trademarks. There are few steps that need to be followed to successfully register a Trademark in India. The team at Agnihotri & Jha Associates® has handsome experience in Trademark Search, filing and defending.

Step 1. Trademark Search – This is a pre-application stage, parties are required to do thorough research regarding the availability of the particular trademark they seek and then make the application.

Step2. Filing Trademark Application

Step 3. Examination – It is done by the officials of the Registry. All additional or supporting proof or documents sought must be provided by the party seeking trademark registration.

Step 4. Publication – After the publication in the journal, any party may oppose the registration of a particular trademark. However, the opposition is examined and accordingly the trademark is registered.

Step 5. Issuance of Certificate – If there is no opposition received to the publication made in the journal or if the applicant succeeds in defending the application, the Certificate of Registration of Trademark is issued.

Infringement

Infringement of the trademark is basically the violation of the exclusive rights of the trademark holder by any other party. A trademark infringement occurs when a person who is not authorized to use the trademark uses it on their goods or products. Generally, similar, identical or deception is used to make marks look alike popular trademarks and try to take undue benefit. However, there are several other complexities that exist which need to be considered while examining alleged trademark violation, such as the rights of the prior right holder. Infringement of trademarks comes with several legal complexities which require expert advice and representation which the team at ADJ Legal offers to its clients.

Passing Off

The concept of passing off gets its roots from tort law. For a party to bring about action against passing off, there is no mandate to have the trademark registered. Basically, passing off occurs when a person passes his products as someone else’s. Therefore, it is an act of deceit used by the culprit. When held for passing off, the accused can escape the liability by showing that there are sufficient additions made in efforts to distinguish from registered trademark. Therefore, the key to remember in case of passing off is that it is essentially a misrepresentation made by a trader during or in the course of trade to his prospective customers.

Remedies

The team at ADJ legal regularly handles litigation relating to infringement of trademarks, trademark dilution and have emerged are experts in the field over the years of their practice.

The Trademark holder has several rights, and upon infringement of the trademark the party can seek remedies before the court. The party can seek both civil and criminal action against the said trademark infringement.

Popular remedies granted to the trademark holder are injunction and damages. Infringement of trademark is a cognizable offence and criminal action is taken against the culprits in accordance with the Indian Penal Code, Code of Criminal Procedure and the Trademarks Act, 1999. Further, the holder of trademark can also seek the court to search and seize the inventory and property of the infringing party. However, for this purpose, Local Commissioner may be appointed.