Trademark

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Trademark

Trade mark is a branch of Intellectual Property Right. A trademark includes any word, name, symbol, or device, or any combination, used, or intended to be used, in commerce to identify and distinguish the goods of one manufacturer or seller from goods manufactured or sold by others, and to indicate the source of the goods. In short, a trademark is a brand name. Trademark is a mark or symbol which is capable of distinguishing the goods or services of one from those of others.

Indian Applicant: On determining the eligibility of the design for protection under The Trade Marks Act, 1999, an Indian applicant can file the application with the design wing of the Indian Patent office.
Foreign Applicants: A foreign applicant can file a design application in India within six months from the date of filing the original design application within his respective country. If filed later, the applicant is not entitled to claim priority date of the first application.

j & p’s Professional Services Include:

  • Conducting of search work on Trademark portal.
  • Filing of application for one class or multiclass.
  • Assignment work.
  • Registration as registered user.
  • Licensing work.
  • Amendments in pending or registered Trademark application.
  • Appearance before registrar in respect to formality objects.
  • Appearance before registrar in respect to objection proceedings.
  • Filing opposition against similar or deceptive similar mark of clients.
  • Defending or filing counter statements in respect to oppositions raised.
  • Filing of application with registrar for removal of mark from Trademark register.
  • To file appeal before appellant tribunal.
  • To appear before appellant tribunal.
  • Filing an application on behalf of foreign applicants in India & do claim priorities if any in this regard.

Requirement for an Indian Applicant:

  • Name and address of the applicant;
  • Detail of the Product/Services on which registration is required;
  • Date, if the mark is already in use;
  • Copy of Word Mark/ Logo.
  • Duly signed Power of attorney.

Requirement for a Foreign Applicant:

  • Name and address of the applicant;
  • Detail of the Product/Services on which registration is required;
  • Date, if the mark is already in use in India;
  • If priority to be claimed in respect to convention application (within 6 months from the date of application in convention country) then scanned copy of duly certified copies of Priority documents;
  • Copy of Word Mark/ Logo.
  • Duly signed Power of attorney.
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Jain & Partners is an ace IPR & Corporate law Consultancy firm having immense experience since year 2001 in the area of IPR laws. It provides services to domestic companies or individuals for their overseas investment and also to foreign companies or individuals for their investment in India in all respects that includes Corporate Law, Intellectual Property Law, Foreign Exchange Management Law, Import Export Law and Taxation Law etc.