USD 49* TO PROTECT YOUR MARK IN 17% PER CENT OF THE WORLD’S POPULATION
India is more than 1.3 billion population. With more than 70 per cent of young people (less than 30 years age), India is a hub of consumers. Can you afford to miss India as a market currently or in future? If not, protect your mark in India.
Trademark registration is an important process and part and parcel of doing business freely in India. In order to help you conduct your business in an ethical manner and keep yourself away from any unwanted malpractices that may hamper your business, trademark registration is mandatory in order to help you to do your business freely without any difficulties.
GET MARKS, BRAND NAMES, LOGOS, AND SLOGANS PROTECTED @ USD 49/- PER MARK PER CLASS (ACTUAL GOVERNMENT FEES TO BE PAID ADDITIONALLY).
PROCESS AND DURATION TO REGISTER A TRADEMARK IN INDIA
*total process between 6 months to 1 year or more
Jotwani Associates Trademark Attorneys will assist you at each stage of the stages mentioned above. We have a team of best lawyers in Delhi who track the progress of cases through each stage and provide you with alerts when your attention needs to be drawn.
Each applicant is provided with a Point of Contact at the firm, who will update about the progress of the mark at each stage of the process.
Trademark Attorneys from our law firm will seek the following information to file a trademark application. Fill up the information below and then send it back to us:
Name of the Applicant along with its complete address: (Owner of the proposed Mark).
What is the Legal Status of the Applicant (Individual, Company Name/ Partnership Name/ Individual/ Proprietorship/ HUF):
Name and Address of the Partners / Proprietor /Directors of the Applicant.
Nationality of the Applicant.
Describe Your Logo or Mark.
Are you already using the logo/mark?
If yes, then 1) in which countries and 2) what is the approximate date (Month/ Year)? Since you have been using the logo/ mark,
List in detail the Goods/ Services for which the Logo/mark will be used.
What is the nature of Your business?
Your Email ID and Contact Phone Number.
A. Difference between ™ and ®
The moment a mark is used related to goods or services, the owner of the mark can start writing ™ on its brand. However, most businesses start using ™ when their Trademark application is filed (stage 3 above). The mark ® can be used once the registration certificate is issued by the Registrar of Trademarks, i.e. after stage 4.
B. Foreign Company filing in India?
Yes, a foreign company can file a trademark in India. In fact, most of the marks in India are filed by foreign entities that are yet to have an office in India. If you feel like having a business in India – current or future, you should immediately protect your trademark.
C. Litigation and Opposition to the mark:
Jotwani Associates assist in litigation matters all across India. If you feel that a company or individual are using a mark without your authorization, you should contact us immediately. Issuing a Cease and Desist Notice, Forewarning Letters, Telephone Calls, and even approaching the courts in India for an injunction is being done by Jotwani Associates.
We provide Pre-Litigation Legal Opinions to companies about their success and failure rates in India Courts as per the prevailing law.
D. Using the Mark
Indian Case Laws on Trademarks emphasize a lot on the use of the mark. Therefore, the evidence in support of the use of the mark needs to be given if you have been using the mark in India. For example, provide us with any Invoice, Import Shipment Details, E-Commerce site availability, domain name booking, website, and revenues for goods that exhibit the mark.
Even when the mark is not used in India, you can provide the details, and every trade mark application has a column where we can put the mark as “Proposed to be used”. However, the Trademark Office in India does give weightage to the marks that are available outside India but can be used in India at a future date.
E. Madrid Protocol Marks
India is a signatory to the Madrid Protocol, and therefore, all applications marked for prosecution can be obtained in India. Jotwani Associates would help companies obtain such a mark in India. Such marks can be listed at any India Trademark Office – Mumbai, Delhi, Kolkata, Ahmedabad or Chennai. With a broad range of services across India, we are able to assist our clients in all jurisdictions;
Jotwani Associates is one of the leading firms and founders of the National Association to Stop Counterfeiting and Piracy (“NASCAP”). The firm deals with all kinds of duplicates, infringement and injunction actions across the country to fight duplicators and pirates who are in violation of Intellectual Property Rights.
G. Time Frame to obtain Trademarks in India
A typical mark can be registered in 6 months to 12 months or even more
More Information about Jotwani Associates Trademark Services: An active member of INTA, Jotwani Associates files, prosecutes, Opposes, Litigates and Watches for some of the important and famous Trademarks/ Brand-names across the world. We have obtained several Trademarks at United States Patent and Trademark Office- USPTO, Europe, Singapore, Australia, Canada and many more countries.