trademarks
Comprehensive Legal Solutions for trademarks in India
- Trademarks are words, names, symbols, devices, designs, or other distinctive signs or marks which serve to identify the source of goods or services and distinguish them from those sold by others. A trademark is like a unique signature for a business. The function of the trademark is to distinguish the goods or services of one undertaking from those of other undertakings. Trademarks also symbolize the goodwill, that a company has established for a product or service, and provide protection for the company’s investment in that goodwill.
- In India, trademark law is primarily governed by the Trade Marks Act of 1999, which offers extensive protection for registered trademarks and provides legal remedies in cases of infringement. The act uses the NICE classification system to classify trademarks under which CLASS 1-34 deals with goods and CLASS 35-45 deals with services.
- This law grants trademark owners to take legal action against unauthorised usage and gives them the sole right to use their marks. When a trademark is registered in India, the owner receives nationwide protection, and the trademark can be renewed indefinitely, as long as it is actively used and renewed every 10 years. India's trademark system aligns with international standards, and the country is a participant in several global agreements, including the Madrid Protocol. This protocol enables businesses to seek trademark protection in multiple countries through a single application.
- We understand that the filing and registration process forms the essential groundwork for robust brand protection. To achieve lasting impact, this initial phase requires brand owners to adopt a strategic, forward-looking approach that safeguards their brand comprehensively within an ever-evolving market landscape. By setting a solid foundation early, we empower clients to protect and enhance their brand equity effectively over the long term.