A “trademark” is any word, phrase, sign, shape, letter or symbol, or combinations of these items that is used in commerce to identify a product or service as having been made or provided by the owner of the trademark and to distinguish the trademark owner’s product or service from the product or service of other traders. In the recent past, the definition of a trademark has been extended to include smells, sounds, and 3-dimensional shapes.
To obtain exclusive rights over a trademark, it must not be descriptive, generic, in conflict with a prior identical or similar mark or contain any forbidden or reserved matter like government crest, slogans or flags. Once a trademark is registered, it can be renewed every 10 years for an indefinite period. However, the use of a trademark in commerce is all-important and a trademark that is not used in commerce can be subjected to cancellation.
Services
- Advice on trademark creation and protection strategies
- Trademark searches and opinions
- Preparation, filing and prosecution of Indian and foreign trademark applications
- Opposition and rectification hearings
- Licensing and assignments
- Trademark infringement litigation
- Advice on anti-piracy matters