Trademark Drafting & Filing

Prerequisites of Trademark Drafting

When preparing a trademark application in India, there are several important prerequisites to consider. Here’s a concise guide:

  1. Trademark Basics:
    • Proprietor Details: Proper information about the proprietor including their full name, address, and nationality.
    • Type of Mark: Whether it’s a wordmark, device mark, label, composite mark, etc.
    • Language: The language in which the mark is.
    • Translation or Transliteration: If applicable, translations or transliterations of the trademark are necessary.
  2. Documents Required:
    • Clear Representation: A soft copy representation of the trademark.
    • Power of Attorney: A power of attorney is necessary for filing of a trademark via any advocate..
    • Priority Application (if applicable): If claiming priority, a certified copy of the priority application is required.
  3. Additional Requirements:
    • Individuals: PAN card (Permanent Account Number) and Aadhar card.
    • Proprietorship: GST certificate, PAN card, and Aadhar card.
    • Partnership Firms, Companies, and Government Departments: Specific documentation as per their legal status.

Process of Trademark Filing

Here’s a concise guide on trademark filing in India:

  1. Conduct a Preliminary Trademark Search: Before filing, one must perform a thorough search to ensure the proposed trademark is unique and not already registered.
  2. Application Submission: The application is filed with the Indian Trademark Registry. One needs to provide details about the mark, class of goods/services, and supporting documents.
  3. Online Filing: Online filing services are also provided by the Intellectual Property India office.
  4. Application Review: The Registrar will examine the application for compliance. If accepted, the mark will be published in the Trade Marks Journal for opposition purposes.

We provide diverse services in the Trademark field including:

  • Trademark Searches in more than 100 countries
  • Proprietor/ Owner/ Applicant searches
  • Drafting specification of goods and services
  • Trademark Application
  • International Registration under Madrid Agreement
  • Convention Trademark Filing in other countries
  • International Registrations (IR) designating India
  • Provisional Refusals response and handling
  • Trademark prosecution
  • Trademark registration
  • Trademark watch in more than 100 countries
  • Response to Office Action
  • Trademark hearings
  • Renewal services
  • Portfolio Management
  • Assignment Recordals
  • Licensing and Recordals
  • Due Diligence
  • Trademark Oppositions
  • Trademark Cancellations
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