Corporate, Commercial & Tax
Trademarks & Copyright
Trademark searches, filing, opposition and renewal, and protection of brands and creative work.
DLP's chamber: No. 548, A Block, High Court, Lucknow
What the law says
A trademark registered under the Trade Marks Act, 1999 protects a name, logo, label or other sign that distinguishes goods or services. An application is filed in the relevant class, examined by the Registry, advertised in the Trade Marks Journal and, if not successfully opposed, registered. Registration lasts ten years and can be renewed for further ten-year periods. A mark not used for a continuous period of five years can be removed. Unregistered marks can be protected through a passing-off action. Copyright in original literary, artistic, musical and other works arises automatically under the Copyright Act, 1957; registration is optional but useful as evidence.
Consultation
Speak to the chamber.
Leave your name, number and a line about the matter. A member of the chamber will call or message you back during working hours.
Frequently Asked Questions
Why search before filing?
A search shows whether identical or similar marks already exist in the same or related classes, which affects the chance of objection or opposition.
What happens after filing?
The Registry examines the application and may raise objections, which are answered in writing or at a hearing. The mark is then advertised, and third parties can oppose it within the period allowed. If there is no opposition, or it fails, the mark is registered.
When can I use the ® symbol?
Only after the mark is registered. Using ® for an unregistered mark is an offence under the Act; 'TM' is commonly used to indicate a claim to an unregistered mark.
Someone is using my brand. What can I do?
Send a cease-and-desist notice, and if needed file a suit for infringement (for a registered mark) or passing off, seeking an injunction and damages. Evidence of your use and reputation is important.
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