India: Protect Your Intellectual Property With The Help Of A Trademark Attorney

Last Updated: 9 July 2018
Article by Anmol Pareek

Introduction

Trademark being as a unique business mark will represent your business globally and will help you to identify the source of a particular good or service which is provided to the consumer by the owner of the business entity and thus it needs a special concern and safety from the illegal parties. It is very hard to maintain goodwill of the business so if the trademark owner does not protect their trademark, they may call themselves up to the danger, where a lower-quality of good or service being distributed under the same or similar name, which may cause confusion to consumer and as a result, will affect the goodwill of the business. Soto protect your trademark being operating smoothly, it is thus essential to register trademark as per1, one needs to first search unique and distinct trademark then file an application for the same.

So it is exceedingly important for the trademark owner to file the trademark application properly. The trademark attorney helps you in opting an appropriate trademark after ensuring compliance with the legal procedure and formalities. They are those individuals, who are qualified, well versed with the different applications and procedure, knowledgeable and experienced. As a result, will reduce the chances of rejection of your trademark application.

Trademark attorney can help you in the following ways:

  • The trademark attorney will guide and assist in selecting a trademark for the business. He will ensure that the selected trademark has better chances to get approved by concerned authorities. He will try to identify all trademark that are similar or of same type to the applicant's trademark that are registered or not and will analyze them.
  • The entire look of trademark search is done by the Trademark attorney.
  • He would analyze thoroughly the trademark that is selected, thereby would minimize the chance of rejection of the trademark application by the concerned authorities. Also, he ensures that the selected trademark is not infringed by others and is exclusive.
  • He would file trademark application, will provide the valuable tips and suggestions, in regards to the intellectual property.

Need of legal advice in filling a new Trademark application

Although, it is possible to register trademark without an attorney, especially if the mark is a made up word having no known meaning, or if specially designed, or it is a fanciful logo. But, sometimes selected marks and/or filed for registrations without the advice of attorney, may run into rejection of application because all these steps and procedures require deep concentration while submitting exact information to the concern authority. Thus, it is always beneficial to hire services form trademark attorney.

There are two key points where most mistakes occur if application filled without hiring the trademark attorney:2

  1. Selection of trademark and search strategy must be appropriate: When you finalize and move forward with your trademark, the right search strategy and advice at this point can help you and reduce the chance of rejection of the trademark application.
  2. A well drafted application trademark registration application: The registration application is a deceptively simple document. A carefully drafted description of goods or services can forestall rejections based on existing registrations, rejections based on descriptiveness, and opposition to the registration by other companies. Whereas if the registration application is not drafted exactly and having an ill-conceived description may lead to rejections and oppositions that could have been avoided, but once started, cannot be overcome.

So, it would be worth to hire a Trademark attorney, who would look up for your trademark, from the filling of trademark application and till the registration of your trademark.

Footnotes

1 The trademark act 1999.

2 http://www.netpreneur.org/advisors/ip/trademark.html

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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