T rademark
Trademarks are distinctive signs that identify goods or services provided by an individual or company.
Trademarks are crucial for establishing and maintaining your brand identity. Governed by the Trade Marks Act, 1999, trademarks can include words, logos, symbols, and even sounds. Our trademark services encompass everything from registration and opposition to enforcement and litigation. By registering your trademark, you gain exclusive rights and legal protection against unauthorized use, helping to ensure that your brand stands out in the marketplace. KD Lex Chambers LLP is dedicated to securing your brand’s reputation and preventing infringement.
Trademark Registration
Trademark infringement involves the unauthorized use of a mark that is identical or deceptively similar to a registered trademark. Our firm handles trademark disputes, offering services including:
- Opposition Proceedings: Challenging the registration of conflicting trademarks.
- Infringement Actions: Seeking injunctions, damages, and other remedies through competent law enforcement authorities which are the police and the courts.
- Passing Off Actions: Addressing the misrepresentation of goods/services of an unregistered trademark being used prior to such activities of misrepresentation.
- Infringement of Trademark: In case of infringements of your registered trademarks we provide swift redressal of the same through competent authorities as per law.
- Cancellation of Trademark: The matters which require cancellation of another’s trademark, being in conflict with yours, through our effective intervention.
The Trade Marks Act of 1999, regulates trademark protection in India, covering-
- Words
- Fonts
- Logos
- Symbols
- Packaging
- Labels
- Sounds
These Registrations are done through the following Trademark classifications-
- Product Mark: Which are used to identify unique goods or products such as laptops, computers, etc.
- Service Mark: Which are used to identify unique services or a group of service providers such as a logo of a hotel, hospital, etc.
- Collective Mark: Which are used to identify unique group of companies or association such as trade associations, union associations, etc.
- Certification Mark: Which are used to identify that such unique goods or services meet a certain standard, such as F.S.S.A.I. (Food Safety and Standards Authority of India), ISI mark by B.I.S. (Bureau of Indian Standards), etc.
- Shape Mark: Which are used to identify the unique shade and packaging of goods such as the packaging of a Soft Drink Bottle, packaging of a matchbox, etc.
- Pattern Mark: Which are used to identify the unique patterns that distinguishes such unique good or services such as a pattern of a dress, or a grill of a speaker, etc.
- Sound Mark: Which are used to identify a unique product or services through their distinctive sound such as the startup of Windows XP, Apple IOS, LG, etc.
Why Trademark Registration?
- Provides an Exclusive right and Legal Protection against any form of unauthorized usage of the same, as enforced by Law.
- Helps Commercial and Corporate as well as Individual businesses build, maintain and protect their brand identity to ensure their unique identity in the market and the society.
- Trademarks are registered for a period of 10 years, and can be renewed for an additional period of 10 years post payment of renewal fees.