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Trademark

Patent

Design Patent

Copyright

Domain Names

Custom Laws

USPTO : Patent Search

Trademark- What to consider

WHAT TO REGISTER

While deciding to file a trademark application in India, the listed factors should be kept in mind:
  1. Select the State/Cites in India where the product will be manufactured/sold.
  2. Check the details of any product(s) sold in the Indian market whose name might be similar to your product.
  3. Availability search: Must consider the need to conduct availability trademark search for confusingly similar marks that are pending or registered that might be obstacles to your mark.
  4. Company name search and Incorporation: Conduct company name search for company names that might have the name similar to your company or product. There might be the need to register your mark's name with the Registrar of company in India.
  5. Domain Names: As Internet has now become an area of information to the world, consider the need to conduct domain name search for domain names that can be confusingly similar to your trademark to avoid potential future litigation. It is a very good idea to register your trademark as a domain name with .in (India) extension. See below for the section under the category of Domain names.
  6. Consider other variations of the mark that also need consideration for registration in order to obtain a better protection.
  7. Use of the mark: Once the mark is registered in India, evaluate the need to use the mark< in India, as non use can a valid ground to delete the mark from the trademark Registry and you might need to register a different version of the mark. Registered proprietor of the trademark in India has to commence use of the mark within 5 years and 3 months of the date of registration. Otherwise the registered trademark is open to invalidation proceedings.
  8. Watch service: Hire a company to keep a watch on marks that are published for opposition or otherwise there in the market that can be potentially confusingly similar to your mark. Prompt action against such marks can protect your mark from being diluted.
  9. Cautionary notices: If the trademark that has been used and has acquired goodwill and reputation, you must publish press releases, cautionary notices to protect the trademark from any kind of third party violation.
  10. Neighboring countries: The owner of the mark must consider the need to register his trademark in neighboring countries of the Indian subcontinent - Pakistan, Sri Lanka, Bangladesh, Nepal, Bhutan, Maldives, Afghanistan and Burma. These countries are in close proximity to each other and as India is the biggest market amongst all of them, any trademark, which acquires goodwill and reputation in India, is likely to be copied in these markets. This could lead to not only counterfeit products being manufactured in these countries but also result in counterfeit goods being imported to India and various other countries across the world.
  11. Should the rights holder discover that their trademark is being infringed, they should take immediate steps to protect their trademark, either by the means of filing oppositions, cancellations, conducting investigations, sending cease and desist notices or initiating appropriate civil and criminal actions.
Trademark
Enforcement & Remedies
Passing Off
How to register
What not to register
What to consider
Patent
Enforcement & Remedies
Ancilliary Work
Compulsory Licenses
How to register
What not to register
What to consider
Design Patent
Enforcement & Remedies
How to register
What to register
Copyright
Enforcement & Remedies
How to register
What to register
Domain Names
Enforcement & Remedies
How to register
What to consider
Custom Laws
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