India Trademark Filing and Prosecution
Cost-Effective India Trademark Filing and Prosecution Strategies
Why is Trademark useful?
- Exclusive right to use the mark in respect to the associated goods or services
- Take legal action against third parties fraudulently using the mark
- Builds goodwill and reputation of a business
- Recognition of the quality of goods and services.
- Protection for 10 years and further through subsequent renewals.
- Helps in creation of intangible assets.
- Can use ® symbol in the mark when the mark is registered.
Why Sagacious IP?
- Identification and availability search - In order to choose a right mark and registration feasibility check, we recommend a trademark availability search which is performed by our experts so that your mark gets a speedy registration without getting stuck due to objections.
- Filing and Prosecution - We are adept at filling and prosecuting trademark applications in India & globally, and to achieve this we have a team of trademark professionals. Our trademark team is well acquainted to assist you with the procedure and other incidental matters related to it.
- Trademark Watch - In order to ensure protection of your mark from any fraudulent imitation or usage, our professionals regularly keep an eye out and provide trademark watch services to identify the imitators. Through our regular and constant searching, our team has developed effective skills to quickly identify any fraudulent imitation or infringement and take appropriate actions.
- International Registration - We assist in getting international registration of your mark through filing Madrid Application. In 2013, getting an International trademark registration in multiple countries with a single application was made possible through India’s accession to Madrid System of International Registration of Marks. Our professionals aim to assist you with the requirements and procedural formalities involved in Madrid application.
FAQs
Trademark filing is a process where an individual files a trademark application with a patent and trademark office. Filing a trademark application does not necessarily mean that the mark can be registered. A trademark examiner conducts searches from his/her point of view and the mark is then published for opposition. If there is no opposition, only then the mark is registered.
International trademark filing refers to the process of registering a trademark in multiple countries of interest (contracting parties) with a single application. This process is executed via a centralized filing system that is administered by the international bureau of the World Intellectual Property Organization.
The trademark filing fees for an initial application depends on various factors, including the number of trademarks and the classes. As only one trademark can be filed per application, the filing fees will be separate for each trademark. Similarly, an applicant needs to pay for each class of goods and services in the application.
Therefore, the USPTO has capped the trademark filing fee at $250 per class of goods/services and $350 per class of goods/services for TEAS plus and TEAS standard filing, respectively.
Trademark filing is a multi-step process that requires expert consultation and guidance. The steps for filing a trademark may vary slightly in different countries. The USPTO lists the steps for filing a trademark, which are as follows:
- Conducting a trademark search to determine its uniqueness and validity
- Filing a trademark application
- Collaborating with the assigned USPTO examining attorney
- Getting an approval or rejection on the trademark application
- Maintaining registration
Before filing for a trademark, an applicant must carefully assess certain aspects that determine the effectiveness of the trademark application. Here are a few things to keep in mind:
- Hire an IP solutions provider.
- Be wary of investing in weak trademarks.
- Ensure the availability of your trademark.
Understand IP rights.
Trademark prosecution can be defined as a series of interactions between the trademark lawyer and trademark office officials for the fulfillment of a specific objective. Trademark prosecution can happen for several purposes, including trademark registration, modifications in a previously registered trademark, and restoration of a trademark.
Get in touch with a Trademark Expert Now.
