Trade Mark Searches and Advisory before Registration
Before proceeding for trade mark registration and finalizing a product or a company name, conducting a prior trade mark search is always recommended. It must be ascertained that there are no potential conflicts with existing trade marks or trade mark applications. Further, the trade mark that is proposed to be used should be assessed from a distinctiveness perspective i.e. the mark should not be common to the trade. At VNA Partners we conduct a thorough search of a proposed trade mark on the database of the Trade Marks Registry and provide our clients with an advisory before we file an application.
Filing and Prosecuting Trade Mark Applications in India and in Foreign Jurisdictions
Upon finalizing a trade mark, a trade mark application is filed at the Trade Marks Registry by filing in requisite forms. Post filing an application, the Trade Marks Registry allots a trade mark application number to the subject application. The application is then examined by the Trade Marks Registry and an examination report containing a list of objections is issued in relation to the application. The objections are to be addressed within a period of one month from the date of receipt of the examination report. If the Examiner is satisfied with the reply to the examination report, the application proceeds to publication. If however, the Examiner is not satisfied with the reply to the examination report, a hearing may be fixed for satisfying the objections of the Examiner.
Once the application is published, the same is open to opposition proceedings that may be initiated by third parties within a period of four months. If the application is not opposed by any party within the said time, the application then proceeds to registration and a registration certificate is issued. Along with filing and prosecuting trade marks in India, we also assist our clients in filing and prosecuting trade mark applications in other foreign jurisdictions as well.
Oppositions
We assist our clients with regular journal checks and consequently filing oppositions against similar trade mark applications. Further, we also assist our clients in filing counter statements in reply to notice of oppositions filed by third parties. Accordingly, we provide assistance in the entire opposition process from the Trade Mark Registry up till the Appellate Board.
Post Registration, Assignments, Licensing and Portfolio Management
We also provide services once a trade mark has been granted. The services include regular journal checks, renewals etc. Further, upon grant of a trade mark, we also provide assistance in licensing and assignment of the trade marks. Accordingly, services related to valuation of the intellectual property are also provided by VNA Partners.
Related Services
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