Trademark law in India is well-settled and offers a robust protection and enforcement regime for right holders. The range of protection encompasses words, labels, devices, shapes, sounds, colors, textures, etc. amongst others.
India is a first to use jurisdiction and priority in use takes precedence over priority in registration. At the same time, trademarks can be registered without actual usage in India on an intent to use basis.
India is a member of the Madrid Protocol which enables right holders to protect their trademarks in multiple countries through a single application.
There are five Trademark Offices in the cities of Ahmedabad, Chennai, Delhi, Kolkata and Mumbai respectively. The Intellectual Property Appellate Board (IPAB) is the appellate authority for adjudicating appeals against the orders of the Registrar of Trademarks and rectification (cancellation) petitions.
The Firm provides comprehensive services which include Brand Development, Protection, Enforcement and Commercialization.
The selection and launch of a brand in the complex Indian market is fraught with unique challenges. A careful legal assessment of risks through a Search is essential. We provide comprehensive search services to our clients that uncover risks beyond a simple Trademark search. Our strategic advisory role continues through the journey of the Brand.
We recognize that the filing and registration process lays down the all-important foundation for effective brand protection. This process itself requires brand owners to take a strategic view to ensure holistic protection in a dynamic market.
We have a successful track record of protecting leading global brands in India and the SAARC region and protecting Indian brands across the world.
Successful enforcement of rights in the heterogeneous Indian market hinges upon creative practical solutions stemming from an in-depth understanding of the market and legal expertise. We craft optimal solutions for clients leveraging a wide array of tools to address a broad spectrum of issues including counterfeiting, parallel imports, trade dress claims, disparagement, etc.
Brands represent a significant proportion of the value of intangible assets of leading organizations. We help unlock the value of brands and other intellectual property through appropriate mechanisms such as licensing, franchising, mortgage, etc.
We provide services to a multi-faceted set of clients including Fortune 500 corporations, small and medium enterprises and start-ups across different industries. We have a rich history of developing the trademark jurisprudence in India and have been consistently recognized through several awards and accolades.