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Welcome to our Trademark Practice, where brand protection and legal expertise converge to ensure your business stands out in a competitive marketplace. Our team of experienced trademark attorneys is dedicated to helping you navigate the complexities of trademark law, safeguard your brand assets, and maximize their value.

Trademarks are the cornerstone of brand identity, representing the trust and reputation your business has built over time. Our Trademark Practice offers a comprehensive suite of services tailored to your specific needs:

1. Trademark Search and Clearance:

We conduct thorough searches to assess the availability of your desired trademark, identifying

potential conflicts and helping you choose a distinctive and protectable mark.

2. Trademark Registration:

We guide you through the entire trademark registration process, from filing to obtaining

registration, ensuring your brand is legally protected.


3. Trademark Portfolio Management:

We assist in managing your trademark portfolio, providing strategic advice on maintaining

and renewing registrations to keep your protection current.

4. Trademark Enforcement and Litigation:

In cases of trademark infringement or disputes, our team provides vigorous representation to

protect your brand, whether through negotiation, cease-and-desist letters, or legal action.

5. Trademark Licensing and Transactions:

We help you negotiate and draft licensing agreements that allow others to use your trademark while

maintaining control over its usage.

6. Trademark Strategy and Evaluation:

Our experts offer guidance on trademark strategies that align with your business goals, helping you

build a strong and protected brand presence.

7. Global Trademark Strategy:

If your business operates internationally, our experts can develop a comprehensive strategy

for protecting your trademarks across different jurisdictions.

8. Trademark Watch Services:

We provide proactive monitoring of trademark databases to identify potential conflicts and infringement

issues early on. Our enforcement services include opposition, cancellation actions, cease-and-desist letters, negotiations, litigation, and alternative dispute resolution.

At our Trademark Practice, we at ADITYA & ASSOCIATES understand the significance of your brand identity and the impact of trademarks on your business reputation. Our team is dedicated to providing solutions that align with your brand goals, business objectives, and the evolving landscape of trademark law.

Whether you're a startup, established business, or individual or a large corporate or a Fortune 500 company looking to protect your brand, our Trademark Practice is here to assist you in safeguarding and leveraging your valuable brand assets.

Contact us today to schedule a consultation and learn how we can help you navigate the dynamic world of trademark law.


  • The Trademarks Act, 1999 is the governing law of Trademarks which came into effect from September 15, 2003.

    This new Trademark Act has in effect repealed the old Act, Trade and Merchandise Marks Act, 1958 and Rules there under.  


    The new Act is broadly based on the requirements of TRIPS (Trade Related Aspects of Intellectual Property Rights) as well as the

    effects of the various judgments pronounced by the courts of India from 1958 till date. This Act, in all respect, is in conformance with international standards. There are far reaching changes in the trademark related issues in India with one of the best and broad protection

    in the world. 

  • The Trademarks Act, 1999 has an inclusive definition. Accordingly, a trademark must be a mark, which includes a device, brand, heading, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colours or any combination thereof which is capable of represented graphically or in writing; and capable of distinguishing the goods/services of one from that of another.  


    The new definition of Trademark has enlarged the scope of registration and protection of a mark and broadly covers following:


    • Trade Marks;

    • Service Marks; 

    • Shape of Goods; 

    • Packaging; 

    • combination of colours;



    capable of represented graphically



    capable of distinguishes the goods/service of one from that of another. 

    • A Collective Mark is a mark owned and used by any Association or Federation. Now it is also possible to file application for a Collective Mark in the name of any Associations or Federations. Their authorized members will be allowed to use the marks of their Association or Federation.  

      • Although not compulsory, it is highly advisable to conduct a prior search to find out any identical or resembling trademarks to avoid any disputes at a later stage. 

      • It is always advisable to conduct a search before adopting a trademark

  • Yes. Schedule IV of the new Trade Marks Act, 1999 has adopted the International Classification of Goods (VII Edition of NICE Agreement) divided into 1 to 42 Classes.

  • Yes,

    Since India is a member of Paris Convention and WTO, it is possible to claim priority on the basis of first application filed in any of the member country within a period of six months. 

    1. The Trademark / image file of the logo in .jpg format 

    2. Full name and Address of the applicant. 

    3. Description of Goods/services. 

    4. If color is to be claimed, prints should be in exact color with color descriptions. 

    5. Usage of the mark in India, if any. If the Trademark to be applied for registration is already in use, then the date of commencement of commercial use.  If the Trademark is not in use, we can file the application based on “Proposed to be Used”. 

    6. A duly executed Power of Attorney.

    7. If priority is to be claimed, date of filing, country of filing and application number. A Certified copy of the Application filed in any Convention Country is to be filed in India within six months from the date of first application. 


    None of the document is required to be notarized or legalized.

  • Yes. It is possible to file multi class application for registration of a Trademark. However, the fees must be paid on the basis of number of Classes included in an application. 


    It is also pertinent to note that if the Trademark in one class is opposed, the applications in other classes will be kept in abeyance till the opposition is decided unless the application is divided by payment of additional fees. 

  •  Then a civil suit will have to be instituted with the appropriate judicial forum.

  • After an application is filed, it is examined by the Examiner of Trademarks. The Examination Report (Office Action Report) is sent usually within 30 days of filing stating the grounds of refusal to register a Trademark, if any. 


    The new Trademark Act, 1999 does not define the marks which are registrable but defines which marks are not registrable under the two headings - Absolute grounds or on Relative grounds. 


    The Absolute grounds of refusal are:


    Absolute grounds for refusal of registration.—

    (1) The trade marks—

    (a) which are devoid of any distinctive character, that is to say, not capable of distinguishing the goods or services of one person from those of another person;

    (b) which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service;

    (c) which consist exclusively of marks or indications which have become customary in the current language or in the bona fide and established practices of the trade, shall not be registered: Provided that a trade mark shall not be refused registration if before the date of application for registration it has acquired a distinctive character as a result of the use made of it or is a well-known trade mark.

    (2) A mark shall not be registered as a trade mark if—

    (a) it is of such nature as to deceive the public or cause confusion;

    (b) it contains or comprises of any matter likely to hurt the religious susceptibilities of any class or section of the citizens of India;

    (c) it comprises or contains scandalous or obscene matter;

    (d) its use is prohibited under the Emblems and Names (Prevention of Improper Use) Act, 1950 (12 of 1950).

    (3) A mark shall not be registered as a trade mark if it consists exclusively of—

    (a) the shape of goods which results from the nature of the goods themselves; or

    (b) the shape of goods which is necessary to obtain a technical result; or

    (c) the shape which gives substantial value to the goods. Explanation.—For the purposes of this section, the nature of goods or services in relation to which the trade mark is used or proposed to be used shall not be a ground for refusal of registration.



    The Relative grounds of refusal are:


    Save as provided in section 12, a trade mark shall not be registered if, because of—

    (a) its identity with an earlier trade mark and similarity of goods or 

    (iii) the duration, extent and geographical area of any promotion of the trade mark, including advertising or publicity and presentation, at fairs or exhibition of the goods or services to which the trade mark applies;

    (iv) the duration and geographical area of any registration of or any application for registration of that trade mark under this Act to the extent they reflect the use or recognition of the trade mark;

    (v) the record of successful enforcement of the rights in that trade mark; in particular, the extent to which the trade mark has been recognised as a well-known trade mark by any court or Registrar under that record.

    (7) The Registrar shall, while determining as to whether a trade mark is known or recognised in a relevant section of the public for the purposes of sub-section (6), take into account—

    (i) the number of actual or potential consumers of the goods or services;

    (ii) the number of persons involved in the channels of distribution of the goods or services;

    (iii) the business circles dealing with the goods or services, to which that trade mark applies.

    (8) Where a trade mark has been determined to be well-known in at least one relevant section of the public in India by any court or Registrar, the Registrar shall consider that trade mark as a well-known trade mark for registration under this Act.

    (9) The Registrar shall not require as a condition, for determining whether a trade mark is a well-known trade mark, any of the following, namely:—

    (i) that the trade mark has been used in India;

    (ii) that the trade mark has been registered;

    (iii) that the application for registration of the trade mark has been filed in India;

    (iv) that the trade mark—

    (a) is well known in; or

    (b) has been registered in; or

    (c) in respect of which an application for registration has been filed in, any jurisdiction other than India; or

    (v) that the trade mark is well-known to the public at large in India.

    (10) While considering an application for registration of a trade mark and opposition filed in respect thereof, the Registrar shall—

    (i) protect a well-known trade mark against the identical or similar trade marks;

    (ii) take into consideration the bad faith involved either of the applicant or the opponent affecting the right relating to the trade mark.

    (11) Where a trade mark has been registered in good faith disclosing the material informations to the Registrar or where right to a trade mark has been acquired through use in good faith before the commencement of this Act, then, nothing in this Act shall prejudice the validity of the registration of that trade mark or right to use that trade mark on the ground that such trade mark is identical with or similar to a well-known trade mark.



    To overcome these objections, a written submission is to be made within a period of 30 days with suitable evidence, preferably, in the form of an Affidavit. 


    If the Examiner is satisfied with the reply, he may accept the application or call for a personal hearing before the Asst. Registrar of Trademarks before whom the matter is required to be argued. If the Asst. Registrar is satisfied with the arguments and the evidences submitted in support thereof, he will accept or reject the same as the case may be. 




    Once the application is accepted, it will be advertised in Trademarks Journal in due course of time.  




    Once the application is advertised, any aggrieved person, may, within a period of three months from the date of publication of the Journal or availability of the Trade Mark Journal, which ever is later give Notice of Opposition in writing stating the grounds of opposition to the registration of advertised mark. This period of three months may be extended for a period of one month. 


    The Applicant will then be required to file its Counter Statement within a period of two months from the date of receipt of Notice of Opposition. 


    Thereafter, both the parties are required to file evidences in support of opposition in a form of Affidavit and after giving an opportunity of being heard, the matter is decided by the Registrar.




    If there is no opposition or if any opposition is decided in favour of the Applicant, the mark is entered in the Register and a Certificate of Registration is issued accordingly.

  • Registration of a Trademark is valid for a period of 10 Years  from the date of application. The registration may be renewed at interval of every 10 years.  Registration is perpetual provided periodical renewals are made. No evidence of use is required at the time of renewal. 

  • Yes. Non payment of renewal fees will result in lapse of  registration.   However, the lapsed registration may be revived and restored within a period of 1 (one) year from the due date of renewal upon payment of additional fees.

  • Yes. Any registered Trademark can be cancelled or expunged at the instance of any aggrieved person on the grounds of no bona fide continuous use of a Trademark in respect of goods / services it is registered for a period of 5 years and 1 month.

  • It is not possible to exactly specify the time period within which the entire registration process would be competed. However, generally, it takes about 12 to 18 months within which the entire process of registration could be completed provided no major dispute arises. 


    A registered trademark is infringed, if a person uses unauthorizedly the identical or confusingly similar Trademark in relation to the goods/services for which it is registered. 


    • Infringement action is possible only for the Registered trademark and in such cases plaintiff has to show the identical or deceptively similar trademark is being used without any authority by the defendant in relation to the goods covered under his registration. No need to show the proof of actual harm or loss to his business is necessary. 


    Passing off:


    • Passing off is a form of Tort based on Common Law. 

    • It is an actionable wrong to pass off one’s goods or business as and for the goods or business of others by whatever means. 

    • The essential characteristics which must be present in order to create a valid cause of action for passing off has been described by Lord Diplock in  Erven Warnink Vs Townend (1980) RPC 31 at 93 (HL) which are as follows:


    1. Misrepresentation

    2. made by a person in the course of trade,

    3. to prospective customers of his or ultimate customers of goods or services supplied by him,

    4. which is calculated to injure the business or goodwill of another trader,

    5. which causes actual damage to a business or goodwill of the trader by whom the action is brought or will probably do so.  

  • Civil remedies:


    • Temporary and permanent injunction to restrain other from the using the mark in whatever way.

    • To claim damages OR an account for profit 

    • Seizure of the infringing goods/labels/advt. materials for destruction.


    Criminal action:


    • by conducting raids

    • to seize the infringing goods/ labels/ advertising and printing materials etc. 

    • Penalty for these offences are imprisonment for a term which may extend to 2 years or fine or both. However, if the offence relates to the Food or Drugs, the punishment of imprisonment may extend to three years.


    Penalty amount may increase upto INR 200,000.00

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New Delhi 110058,
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