The Trademarks Registry, established in India in 1940 administers the Trademarks Act, 1999 and the rules thereunder. It is not only the authority that manages information on the subject but also is a facilitator in matters relating to trademarks in the country. The authority registers trade marks applied for in the country and provides a better protection of trademark for goods and services and also prevents fraudulent use of the mark.
If you need to oppose the trademark application of a competitor or third party, or must respond to a statement of opposition filed against one of your trademark applications, we can act as your representatives before the Trademark officer/ Intellectual Property Appellate Board.
If you want to clear unused registrations from the Indian Trademarks Register to create availability to expand your own trademark portfolio, we can start cancellation proceedings to expunge those trademark registrations. Where cancellation proceedings have been commenced against you, we help you to produce evidence of use of your registered trademark or to argue special circumstances excusing non-use so that you can maintain your trademark registration.
We draft licences of trademark rights between trademark owners and licensees to ensure that the trademark owner has adequate control of the licensee’s use of the mark. Trademark licences are essential when a trademark is used by third parties in order to ensure that the trademark does not lose its distinctiveness.
We provide opinions on infringement, passing off and validity issues in respect of all types of trademark rights in India. We also have a great deal of experience preparing and responding to cease and desist letters concerning trademark infringement and passing off.
We act in all types of Indian trademark disputes, including trademark infringement and passing off actions, counterfeiting, and cybersquatting.