Trademark

A trademark is a mark capable of being represented graphically and distinguishing the goods or services of one person from those of others. It can include shapes of goods, packaging, and color combinations. A “mark” may consist of a device, brand, heading, label, ticket, name, signature, word, letter, numeral, or any combination of these elements.

Who May Apply for a Trademark?

Any person “claiming to be the proprietor” of a trademark that is either used or proposed to be used can apply for its registration. Eligible applicants include:

• Individuals
• Companies
• Associations of persons
• Societies
• Hindu Undivided Families (HUF)
• Partnership firms (registered or not)
• Government bodies and trusts

If you’re seeking assistance, the best trademark firm in Laxmi Nagar, Delhi, can guide you through the process effectively.

Jurisdiction for Filing a Trademark Application

Trademark applications must be filed at the appropriate office of the Registry based on the applicant’s principal place of business in India. If the applicant has no principal place of business in India, they must file the application where their service agent’s address is located. For personalized guidance, consulting the best trademark firm in Laxmi Nagar, Delhi, ensures a seamless filing experience.

Mandatory Information for Filing a Trademark Application

To file a trademark application in India, the following details are essential:

1. Full name of the applicant
2. Nationality and address
3. Period for which the mark has been used (if applicable)
4. Specification of goods or services and the class in which the mark is to be registered
5. Priority date, number, and country (if claiming priority)
6. Power of Attorney (Form TM-48) detailing the executant’s name and status

For accurate filing, you can rely on the best trademark firm in Laxmi Nagar, Delhi, which has extensive expertise in ensuring all requirements are met.

Convention Applications

If an applicant claims priority under the Paris Convention, the application must include:

1. Date of the earlier application
2. Number of the earlier application
3. Country of filing

Such applications must be filed within six months from the date of the earlier application in the convention country.

Acceptance of Trademark for Registration

Once the application meets all legal requirements, the Registrar of Trademarks will either:

• Register the trademark
• Advertise it for public opposition in the Trade Marks Journal

Opposition can be filed within four months of the advertisement. If the opposition fails, the mark is registered. Navigating this process can be complex, but the best trademark firm in Laxmi Nagar, Delhi, can provide expert support to secure your trademark.

By choosing the best trademark firm in Laxmi Nagar, Delhi, you ensure that your trademark application is handled with precision and professionalism.