A trademark is a mark that includes a phrase, device, brand, heading, label, ticket, word, letter, numeral, symbol, shape of goods, their packaging & combination of colors and/or design that identifies and distinguishes the source of the goods/services of one person from those of others.
At Sarvarth, we specializes in handing every aspect of a trademark prosecution including but not limited to :-
- Trademark availability search;
- Registration of Trademark
- Proactive Trademark journal watches for conflicting trademarks;
- Trademark Opposition Proceedings;
- Trademark Renewals
- Assignment of Trademark
- Cancellation/Revocation/Rectification of Trademark;
- Appeals before the Intellectual Property Appellate Board [IPAB];
- Writ proceedings before High Court.
What’s the duration of a Trademark in India?
Term of registration of a trademark is ten years, which may be renewed for a further period of ten years on payment of prescribed renewal fees. Non-user of a registered trademark for a continuous period of five years is a ground for cancellation of registration of such trademark at the behest of any aggrieved party.
What are the benefits of a trademark registration?
The registration of a trademark confers upon the owner the exclusive right to the use of the registered trademark in relation to the goods or services in respect of which the mark is registered and seeks the relief of infringement in the appropriate courts in the country. The exclusive right is however subject to any conditions entered on the register such as limitation of the area of use etc.
What remedies are available for a trademark Infringement & passing-Off?
Two types of remedies are available to the owner of a trademark for unauthorized use of his or her mark or its imitation by a third party. These remedies are:
- An action for ‘infringement’ in case of a registered trademark; and
- An action for ‘passing off’ in the case of an unregistered trademark
While the former is a statutory remedy, the latter is a common law remedy
