Faqs


FAQS

Lalji Advocates is an Indian law firm with experienced attorneys in Indian intellectual property law. We can assist you in the process of applying and obtaining registration of trademarks, copyrights, industrial designs and domain names. We are the first law firm in India to offer Trademark Search Report by simply submitting a request at our website. You may also request the same through phone, fax and e-mail or visit our office for getting the same. We, at Lalji Advocates, with years of expertise in Indian intellectual property law, would assist you in pursuing your application in a professional manner with regard to the registration of your intellectual property.

Patents protect inventions and improvements to existing inventions. Copyrights cover literary, artistic, and musical works. Trademarks are brand names and/or designs which are applied to products or used in connection with services.

Please Login to your account or Click on New User for forms needed for your trademark application.

We have associates all over the world who can help making your trademark registrations in other countries a smooth process. Simply send us an e-mail with the necessary details and the country you are interested in.

An ordinance is presently pending before the Indian Parliament for amendment of the Trademarks Act for providing protection to service marks. Associates and clients from all over the world can submit their requests for filing applications for service marks and as soon as the ordinance becomes a Law, we shall file the Service Mark applications on their behalf.

So far as trade marks are concerned the Trade Marks Bill 1993 is pending consideration by Parliament. The Trips Agreements have so far had no effect on the situation in India because the laws required to bring about the changes have not yet been enacted.

Please see our fee schedule for details regarding the costs involved and to avail our services. If you have any further queries, please do not hesitate to send us an e-mail at info@laljiadvocates.com.

Please feel free to send us an e-mail at info@laljiadvocates.com with details of your query.

Trademarks are words, names, symbols, brands, devices, headings, labels, tickets, signatures, letters or numerals or any combination thereof, used or proposed to be used by manufacturers of goods to identify and to distinguish their goods from goods manufactured and sold by others. A person who sells his goods under a particular trademark acquires a sort of limited exclusive right to use the mark in relation to those goods.

Trademark registration protects the goodwill of a business and also helps to identify and distinguish the source of the goods or services of one party from those of others. Trademark registration is an evidence of ownership of the trademark and also constructive notice nationwide are issued of the trademark owner’s claim. Trademark registration in India can also be used as a basis for obtaining registration in foreign countries.

The application must be filed in the name of the owner of the trademark; usually an individual, corporation or partnership. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for which it is used, is the owner of the mark.

A trade mark which consists of at least one of the following essential particulars :

  • the name of a company, individual or firm represented in a particular or special manner
  • the signature of the applicant for registration
  • one or more invented words
  • one or more words having no direct reference to the character or quality of the goods and not being according to its ordinary signification a geographical name or a surname or a personal name or any common abbreviation thereof or the name of a sect, caste or tribe in India
  • any other distinctive trade mark
  • a trade mark which has acquired distinctiveness by use over a prolonged period of time, may be registered

Trademark which is identical to or deceptively similar to a trademark which is already registered or has already been applied for in the name of a different proprietor in respect of the same goods or description of goods, may not be registered. Also trademark the use of which would be likely to deceive or cause confusion; the use of which would be contrary to any law in force; which comprises or contains scandalous or obscene matter or any matter likely to hurt the religions susceptibilities of any class or section of the citizens of India; may not be registered.

Conduct a market research to ascertain whether any identical or deceptively similar mark is used for the same goods by any other person. It is advisable not to imitate other persons trade mark or any other well known trade mark even if the goods are different. Before applying for registration it is desirable to obtain preliminary advice regarding the distinctiveness of your mark from the Registrar.

In order to determine whether any person or company is using a particular trademark, a trademark search can be conducted. For a FREE Trademark Search Report, please click here.

A trademark search is designed to identify pre-existing trademarks that have the potential to conflict with your name. Without the benefit of a trademark search, you run the risk of being sued for trademark infringement and losing the right to use your new business name, product name, domain name or slogan after you have invested in that name. Uncovering and avoiding trademark conflicts with your name can often mean the difference between the success and failure of your business venture.

Yes, it is advisable to get the official search report from the registered and pending application records before filing the application.

Your trademark search results will help you save valuable time and money. Before you make a large investment in a name, you want to know whether it is secure. You would not like to promote a name that is confusingly similar to another company’s trademark and subjects you to the risk of a lawsuit for trademark infringement Your search results will help you complete your own application by giving you numerous examples of completed registrations.

Due to a lot of back log and also since the applications are processed on “first come first serve” basis generally, it takes on an average about 5-6 years before the mark is registered provided no opposition is entered by any third party.

A trademark registration is valid for seven years from the date of filing. You have to apply for renewal after this time-period.

No. A separate application must be filed for each mark the applicant wishes to register. Likewise, if the applicant wishes to register the same mark in more than one class, a separate application must be filed for each class.

Other than your particulars that you submit to us while requesting Free Trademark Search, the document needed is Power of Attorney in our favor.

We, at Mahtta Trademark Company, will assist you in the process of filing your application for trademark registration. Please send us an e-mail stating your requirements.

Yes, the Trademark office will refuse to register matter if it does not function as a trademark. Not all words, names, symbols or devices function as trademarks. For example, matter which is merely the generic name of the goods on which it is used cannot be registered.

No. However, an applicant’s citizenship must be set forth in the record. If an applicant is not a citizen of any country, then a statement to that effect is sufficient. If an applicant has dual citizenship, then the applicant must choose which citizenship will be printed in the Official Gazette and on the certificate of registration.

No. Certain countries, however, do recognize a trademark registration in India as a basis for registering the mark in those countries. The laws of each country regarding registration must be consulted.

An agreement for payment of royalty to a non-resident requires the prior approval of the government. The government’s policy statement makes it clear that in case of a use of a foreign brand name a payment of royalty shall not be allowed unless the products on which the mark is used are intended for export.

Yes. A registered mark, or a mark for which an application to register has been filed is assignable.

Once you have filed an application for registration of trademark, the “TM” symbol may be used with the mark. Anyone who claims rights in a mark may use the TM (trademark) designation with the mark to alert the public to the claim. However, the registration symbol, ®, may only be used once the mark is actually registered in the Trademark Registrar’s Office. Even though an application is pending, the registration symbol may not be used before the mark has actually become registered.

Once you receive a filing receipt containing the serial number of your application, you may check on the status of a pending case by getting in touch with us.

There are two forms of legal protection that are available for trademarks. Under the Trade and Merchandise Marks Act, 1958, once the trademark is registered, infringement can be easily established. In case of unregistered marks and marks which are not registerable, the only form of protection is the common law remedy of passing off. Trademark law protects the right of the owner of a mark to use marks that distinguish his goods from others and to prevent others from using marks that are likely to cause confusion.

The basic difference between an infringement action and an action for passing off is that the former is a statutory remedy and the latter is a common law remedy. Accordingly, in order to establish infringement with regard to a registered trademark, it is necessary only to establish that the infringing mark is identical or deceptively similar to the registered mark and no further proof is required. In the case of a passing off action, proving that the marks are identical or deceptively similar alone is not sufficient. The use of the mark should be likely to deceive or cause confusion. Further, in a passing off action it is necessary to prove that the use of the trademark by the defendant is likely to cause injury or damage to the plaintiff’s goodwill, whereas in an infringement suit, the use of the mark by the defendant need not cause any injury to the plaintiff. However, when a trademark is registered, registration is given only with regard to a particular category of goods. Protection is, therefore, afforded only to these goods. In a passing off action, the defendant’s goods need not be the same; it may be allied or even different.

There are several ways to dispute use of your trademark by a third party. Send us an e-mail and depending on the actual situation, we may assist you in contesting the trademark.

Please see our fee schedule for details regarding the costs involved and to avail our services. If you have any further queries, please do not hesitate to send us an e-mail at info@laljiadvocates.com.

Copyright is a form of intellectual property protection granted under the Indian Copyright Act 1957, to the creators of original works of authorship such as literary, dramatic, musical, artistic, and certain other intellectual works The copyright vests in original work in whatever form it may be and in India it is not mandatory but useful in courts where civil and/or criminal proceedings can be taken to protect it.

Copyright owners have the exclusive rights to do or authorise the doing of any of the following in respect of a work:

  • to reproduce the work in any material form including the storing of it in any medium by electronic means
  • to issue copies of the work to the public not being copies already in publication
  • to perform the work in public, or communicate it to the public
  • to make any translation or adaptation of the work
  • to sell or give on hire, or offer for sale or hire a copy (in case of a computer programme), regardless of whether such copy has been sold or given on hire on earlier occasions
  • copyright confers a number of rights, some or all of which can be granted to others either exclusively or non-exclusively

For filing the copyright application in India, following are the requirements:

  • Full Name, Address and Nationality of Applicant & that of the author
  • The year & country of first publication of the work
  • List of countries where the work has been published and the year of publication
  • The year & the country of last publication
  • Six copies of the work
  • Power of Attorney
  • In case of labels, which can be used as trademark, firstly clear copyright search certificate has to be received from the trademark registry & only thereafter, application for copyright can be filed in the copyright office

Following steps are involved for the grant of copyright in India:

  1. The application with complete details is filed
  2. Thereafter, the application is examined and objections, if any, are raised thereto
  3. The certificate is issued by the copyright office after the objections, if any, are removed to the satisfaction of the department

The process of obtaining the certificate of copyright in India takes about 12 months.

It is not necessary under the Indian Copyright Act to register with the Copyright Office to get copyright protection. Registration of the work is however highly recommended because such registration is helpful in an infringement suit. As per the Copyright Act, the register of copyrights (where the details of the work are entered on registration) is prima facie evidence of the particulars entered therein. The documents purporting to be copies of any entries therein, or extracts from the register which are certified by the Registrar of copyrights and with the seal of the copyright office, are admissible as evidence in all courts without proof or production of the original. India is a member of both Berne and Universal Conventions and Indian law extends protection to all copyrighted works originating from any of the convention countries. However, in case of infringement of copyright, during court proceedings, copyright registration with the government of India serves as an advantage.

We, at Mahtta Trademark Company, offer complete services for the protection of copyright and combating infringement. We will assist you in the process of filing your application for copyright. Please send us an e-mail stating your requirements.

Please see our fee schedule for details regarding the costs involved and to avail our services. If you have any further queries, please do not hesitate to send us an e-mail at info@laljiadvocates.com.

Under the Designs Act, 1911, design means only the features of shape, configuration, pattern or ornament applied to an article by an industrial process. Shape and configuration refer to the form of the article and is usually three-dimensional in nature. Pattern and ornament are decorative features applied to the surface of articles and are usually two dimensional in nature. The application of such a design makes the final products appeal to the observer’s eye. The design, in order to be registrable, must be judged solely by the viewer’s eye and should not be a mere mechanical device. A manufacturer may use a particular design with reference to a product in order to ensure that the same catches the consumer’s eye easily. It is this design which is protected under the Designs Act, 1911. Designs which are functional, i.e. articles made in a particular design, not with a view to appeal to the consumer, but to render it functional, is not registrable. Further the design in order to be registrable should be new and original and not previously published in India.

If a design is registered under the Designs Act, it will not be granted protection under the Copyright Act, even though it is an original artistic work. In case the design is not registered under the Designs Act and it is an original artistic work, copyright protection under the Copyright Act will automatically subsist. However, copyright protection under the Copyright Act, will cease to exist as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the copyright owner. Therefore, it is highly recommended that industrial designs are registered under the Designs Act.

If a design is registered under the Designs Act, it will not be granted protection under the Copyright Act, even though it is an original artistic work. In case the design is not registered under the Designs Act and it is an original artistic work, copyright protection under the Copyright Act will automatically subsist. However, copyright protection under the Copyright Act, will cease to exist as soon as any article to which the design has been applied has been reproduced more than fifty times by an industrial process by the copyright owner. Therefore, it is highly recommended that industrial designs are registered under the Designs Act.

Any person who claims to be the owner of a new or original design that is not previously published in India, can apply for registration of design. For the purpose of registration, goods are classified into fourteen classes. The applicant may include in the application, a brief statement of the novelty he claims for the design. If the application is in order and satisfies all requirements of the Designs Act and the Rules, the Controller will register the design.

Registration of the design in the first instance is for a period of five years. This can be extended by two periods of five years each. Thereafter, the copyright in the design becomes public property and anyone can use it.

We, at Mahtta Trademark Company, will assist you in the process of applying for and prosecuting registration of designs and maintaining registered designs in any part of India. Also we’ll help you in filing action for infringement of designs. Please send us an e-mail stating your requirements.

Please see our fee schedule for details regarding the costs involved and to avail our services. If you have any further queries, please do not hesitate to send us an e-mail at info@laljiadvocates.com.