iCorp Legal specializes in the prosecution and enforcement of trademark, trade name, corporate name, domain name and geographical indication. We are committed to staying up-to-date with the ever-evolving world of brand protection and advise our clients on the broad scope of our services. Our team has a wealth of experience in trademark prosecution, as well as an equally strong focus on enforcement, including civil and criminal enforcement, and border enforcement. Our services include:
- Advising on the whole range of trademark prosecution taking into account the commercial objectives of our client.
- Filing and prosecution of Application before the Trademarks office; initiating and defending opposition.
- Handling registration and post registration formalities.
- Search and due diligence exercises.
- Advising on licensing, assignment and franchising of trademark rights.
- Representing the clients before the Trademarks Office and High Courts in respect of prosecution, opposition or maintenance of trademarks.
Documents Required for Trademark Registration
The following documents are required for registration of a Trademark:
- Copy of Logo(optional)
- Authorisation Form which authorises the Trademark attorney to file the Trademark on behalf of the Applicant
- Identity and Address proof of the Applicant
- Incorporation certificate or Partnership deed
Process for Registration of Trademark
- Trademark Search
Before filing for trademark registration, a person should conduct a detailed trademark search. This helps the person know if his trademark is identical or deceptively similar to the other existing trademarks and gives him a forewarning of trademark litigation.
- Filing of Trademark Application
After conducting a thorough search, the person can file an application for Trademark Registration either online or through post. The Applicant should specify the class of goods in which the trademark is to registered and attach a User Affidavit if the Applicant has been using the trademark prior to the registration.
- Examination
Once the application is filed, the Examiner scrutinises it for discrepancies and the Applicant is given 30 days to file a reply to the same and fulfil the conditions. When the application is accepted, it is published in Trademarks Journal.
- Publication
After publication of the application in the Trademark Journal, it is advertised for a period of 4 months during which any person or entity has any objection, they can file a Notice of Opposition against such application. If there is no objection, the application then proceeds to registration.
- Registration certificate
Once the application proceeds for trademark registration, a registration certificate is issued under the seal by the Trademark Office.
A trademark has to renewed in every 10 years.
TRADEMARK RECTIFICATION
A Rectification Application can be filed to rectify an error or omission in the Rectification register after registration of a trademark.
When can a Rectification Application be filed?
- When registration for trademark was obtained either by misrepresentation of facts or without sufficient cause.
- When the trademark is causing confusion in the public or has been erroneously added to the Trademark Register against the provisions of law.
- When the trademark has not been used in last 5 years by the Registered Proprietor.
- When the previous trademark has not been renewed.
- When the trademark is in violation of the provisions of Section 9 and 11 of the Act.
- When the registration is obtained by fraud or suppression of material facts.
- When any changes, amendments or modifications are needed to be made to the trademark.
Process of filing a Rectification Application
The Rectification Application along with statement of case and prescribed fee is filed in office of Trademark of Registrar. The Registrar of trademarks then serves a notice to the registered proprietor who then files a counter statement. After filing of counter statement, the evidences are filed by both parties in the form of Affidavit. A hearing is conducted, subsequently an order is passed.
Our team of expert attorneys in the field of Trademark will provide you legal support and assistance from Trademark search to maintenance of your trademark.
