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Trademark Protection

Process in India
By
Vikram Pratap Singh
Thakur
vikram@brainleague.c
om

Trademark
a mark capable of being represented graphically; and
which is capable of distinguishing the goods or
services of one person from those of others
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Importance of a Trademark

Indicate the source of goods/services


Distinguish from others
Makes it simple to advertise and promote
Helps to make money

Brand Value

Google
Microsoft
Coca-Cola
IBM
McDonald's

$100.04 billion
$76.25 billion
$67.63 billion
$66.62 billion
$66.58 billion

How to choose a trademark

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Protection
Pre-filing Requirements

Classification of good/service
Trademark Search
Trademark Search Opinion
Take a decision on filing

Filing

Persons entitled to apply


Place of application
Types of application
Priority date
Documents

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Online or Hard copy filings

Person entitled to file

The person himself


Duly authorized person
Legal practitioner
Trademark Agent
Person under sole and regular employment

Place of application
TRADEMARK
OFFICES

TERRITORIAL JURISDICTION

Delhi

State of Jammu & Kashmir, Punjab, Haryana,


Uttar Pradesh, Himachal Pradesh, Union Territory of
Delhi and Chandigarh

Kolkata

Arunachal Pradesh, Assam, Bihar, Orissa, West


Bengal, Manipur, Mizoram, Meghalaya, Sikkim ,
Tripura and Union Territory of Nagaland, Andamar &
Nicobar Island

Ahmedabad

Gujarat and Rajasthan and Union Territory of


Damman, Diu, Dadra and Nagar Haveli

Chennai

Andhra Pradesh, Kerala, Tamil Nadu, Karnataka


and Union Territory of Pondicherry and
Lakshadweep Island

Mumbai (Head
Office)

Type of Mark

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Maharashtra, MP and Goa

Service Mark
Certification Mark
Collective Mark eg. CA device used by the
Institute of Chartered Accountants
House Mark - eg. Dabur
Textile Mark class 22 to 27 eg. Vardhman

Priority date
Paris Convention
Time period

Mode of filing & Documents

Online or hard copy


Relevant Application Form
Additional Representations
Power of attorney

Examination

Formal check
Detailed Examination
Examination Report
Hearing

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Publication

Type of publication
Importance of publication
Opposition
Registration

Registration

Rights
Use the trademark
Restrain others
Acts as a notice to public
Infringement proceeding

Prima facie evidence of validity

Opposition

Opposition filing
Counter Statement
Evidence in Support of Opposition
Evidence in Support of Application
Reply evidence
Hearing and decision

Renewal
Time period
Renewal window
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THANK
YOU

Brain League IP Services Pvt. Ltd.