In the rapidly evolving global marketplace, intangible assets often hold more value than physical ones. Your brand name, your unique inventions, your creative designs, and your artistic works are the lifeblood of your business. Protecting these assets through Intellectual Property Rights (IPR) is not just a legal formality; it is a critical business strategy.
India has seen a significant paradigm shift in its IPR regime, aligning itself with global standards to foster innovation and creativity. The government's "Make in India" and "Startup India" initiatives have further emphasized the need for robust IP protection. Whether you are a startup founder, an established business owner, or a creative artist, securing your intellectual property is the first step towards building a sustainable and valuable brand.
At AMA Legal Solutions, we understand the nuances of Indian IP laws. We provide end to end services ranging from trademark registration in India to complex patent litigation. Our mission is to ensure that your hard work remains exclusively yours, protected from infringement and misuse by competitors.
"A trademark is a unique symbol, word, or words legally registered or established by use as representing a company or product."
A trademark is essentially your brand's identity. It serves as a source identifier, distinguishing your goods or services from those of others in the market. When a consumer sees your trademark, they associate it with a certain level of quality and reputation.
Trademarks can take many forms. While most people think of brand names and logos, the definition under the Trade Marks Act, 1999 is much broader. It includes:
Many business owners operate under the misconception that registering a company name or a domain name is enough to protect their brand. This is factually incorrect. Only a registered trademark grants you the exclusive legal right to use your brand name nationwide.
Registration gives you the exclusive right to use the mark for your goods and services. If anyone else uses a similar mark, you can sue them for infringement and claim damages. Without registration, you can only file a "passing off" suit, which is much harder to prove.
A registered trademark is an intangible asset that appreciates in value over time. It can be sold, franchised, or licensed to others, creating a new revenue stream. Investors often look for registered IP as a sign of a serious and valuable business.
The ® symbol is a badge of trust. It signals to your customers that you are an established and credible entity. It prevents copycats from diluting your brand's reputation with inferior quality products.
If you plan to expand your business internationally, a trademark registration in India serves as a solid foundation. It allows you to use the Madrid Protocol to register your trademark in multiple countries through a single application.
The process of trademark registration in India is systematic and legalistic. It involves several stages of scrutiny by the Trademark Registry. At AMA Legal Solutions, we guide you through each step to ensure a smooth registration.
Before filing, we conduct a comprehensive public search on the Trademark Registry database. This is critical to ensure that your proposed mark is not identical or deceptively similar to an existing registered trademark. A thorough search minimizes the risk of objection and rejection later.
Once the search is clear, we draft and file the trademark application (Form TM A). This involves selecting the appropriate trademark class (1 to 45) that corresponds to your goods or services. Upon filing, you receive an acknowledgement receipt and can start using the "TM" symbol.
The Registrar examines the application to check for distinctiveness and similarities with existing marks. If they find any issues, they issue an Examination Report raising objections. We must reply to this report within 30 days with legal arguments to overcome the objections.
If the Registrar accepts the application (either initially or after our response), the mark is published in the Trade Marks Journal. This public notice invites third parties to oppose the registration if they believe it infringes on their rights. The opposition period lasts for 4 months.
If there is no opposition within 4 months, or if the opposition is decided in your favor, the Registrar issues the Registration Certificate. You are now the proud owner of a registered trademark and can use the ® symbol next to your brand name.
To ensure a hassle free filing process, it is important to have the correct documentation ready. The requirements vary slightly depending on the type of applicant.
The path to registration is not always straightforward. Applications often face hurdles in the form of objections or oppositions. This is where the expertise of a seasoned IP lawyer becomes indispensable.
Raised by the Trademark Registry during examination. Common reasons include:
Solution: We draft a detailed legal reply citing relevant case laws to prove the distinctiveness of your mark.
Filed by a Third Party (competitor or public) after the mark is published in the journal.
Solution: This initiates a quasi judicial process. We file a Counter Statement, submit evidence, and argue your case at the hearing.
AMA Legal Solutions is a full service Intellectual Property law firm. Apart from trademarks, we assist clients in protecting all forms of creativity and innovation.
Patents protect inventions that are novel, non obvious, and have industrial application. Our team of patent agents and attorneys assists with:
Copyright protects original literary, dramatic, musical, and artistic works. It also covers cinematograph films and sound recordings. We help creators secure their rights over:
Design registration protects the aesthetic or ornamental aspect of an article. It covers the shape, configuration, pattern, or ornamentation. We assist in:
Intellectual Property is a specialized field requiring deep legal knowledge and technical understanding. Here is why businesses across India trust us with their IP portfolio:
Our meticulous search and drafting process ensures a high approval rate for trademark and patent applications.
We file applications within 24 hours of receiving documents to ensure you get the earliest priority date.
No hidden costs. We provide a clear breakdown of government fees and professional charges upfront.
"AMA Legal Solutions handled our trademark registration seamlessly. Their team was proactive in responding to objections and secured our brand registration within the expected timeline. Highly professional service."
Vikram Malhotra
CEO, TechVision Pvt Ltd
"I was worried about a trademark opposition filed against my brand. The lawyers at AMA drafted a strong counter statement and represented me brilliantly. We won the case and got our registration. Thank you!"
Sneha Gupta
Fashion Designer, Mumbai
A trademark registration in India is valid for an initial period of 10 years from the date of filing the application. It can be renewed indefinitely for successive periods of 10 years each by paying the prescribed renewal fees. It is crucial to file the renewal application within six months before the expiry date to avoid any lapses in protection or additional restoration fees.
Yes, you can file for trademark registration on a 'Proposed to be Used' basis even before you have started using the mark commercially. This is actually a recommended strategy to secure your brand name early and prevent others from claiming it. However, you must commence the usage of the trademark within a reasonable time frame after registration to avoid potential cancellation actions on the grounds of non usage.
The TM symbol is used to indicate that you have filed a trademark application and are claiming rights over the mark, but it is not yet registered. You can use the TM symbol immediately after filing your application. The R symbol (®) can only be used once your trademark is officially registered and a registration certificate has been issued by the Trademark Registry. Using the R symbol for an unregistered mark is an offence under the Trade Marks Act.
The trademark registration process in India typically takes anywhere between 12 to 18 months if there are no objections or oppositions. However, if the application faces objections from the Registry or oppositions from third parties, the process can take longer, sometimes extending to 2 or 3 years. Our expert attorneys work diligently to respond to objections promptly to expedite the process.
If your trademark application receives an objection (Examination Report) from the Registrar, it does not mean your application is rejected. It simply means you need to provide clarifications or legal arguments against the objections raised. You must file a formal written response to the examination report within 30 days. Our legal team specializes in drafting strong responses to overcome such objections and move the application forward.
Yes, under the Indian Trade Marks Act, non conventional marks like sounds and smells can be registered if they are capable of graphical representation and can distinguish the goods or services of one person from those of others. Sound marks are becoming increasingly common, while smell marks are rarer and require distinctiveness to be proven. Expert legal guidance is essential for such complex registrations.
No, trademark rights are territorial, meaning a registration in India provides protection only within Indian territory. To protect your brand globally, you need to file separate applications in each country or use the Madrid Protocol system. India is a member of the Madrid Protocol, which allows you to file a single international application to seek protection in multiple member countries simultaneously.
The primary documents required include the applicant's details (name, address, and nationality), a clear image of the logo or brand name, a list of goods or services for which the mark is used, and the date of first use in India (if applicable). For companies, a Board Resolution or Power of Attorney authorizing the filing is also needed. MSME or Start up certificates can be provided to avail fee concessions.
Yes, a registered trademark is an intellectual property asset that can be sold, licensed, or transferred to another party. This process is known as 'Assignment'. You can assign a trademark with or without the goodwill of the business. The assignment deed must be in writing and recorded with the Trademark Registry to be legally valid and binding on third parties.
Trademark infringement is a serious offence in India, attracting both civil and criminal remedies. Civil remedies include injunctions (stopping the use), damages (monetary compensation), and accounts of profits. Criminal penalties can include imprisonment for a term not less than six months and up to three years, along with a fine ranging from fifty thousand to two lakh rupees. Police also have the power to seize infringing goods.
Get immediate assistance for trademark filing and objections.
Call +91-8700343611Request CallbackOur trademark registration services are available across all states and union territories in India