Trademark registration process

A trademark application is filed under Section 18 of the Trade Marks Act, 1999 through Form TM-A. Process: (i) search of the Trade Marks Registry; (ii) filing with class (NICE Classification, 1–45); (iii) examination by the Registrar — objection under Sections 9 (absolute grounds) and 11 (relative grounds) is common; (iv) reply within 30 days; (v) hearing if needed; (vi) advertisement in the Trade Marks Journal; (vii) opposition period of 4 months; (viii) registration certificate valid for 10 years, renewable.

Common trademark issues we handle

TM-O opposition replies; rectification under Section 57 (cancellation of fraudulent or wrongly registered marks); infringement suits under Section 134 before the Commercial Court at Kota (or District Court if below the threshold); passing-off action — common-law remedy available even for unregistered marks; well-known mark applications under Section 11(6); IP licensing and assignment agreements with Form TM-P recordal.

Copyright — automatic but better registered

Under the Copyright Act, 1957, copyright subsists automatically on creation of original work (literary, dramatic, musical, artistic, cinematograph film, sound recording). Registration with the Copyright Office is not mandatory but is strong prima facie evidence — Section 48 of the Copyright Act. Term: 60 years from death of author for literary etc.; 60 years from publication for cinematograph films and sound recordings.

Infringement remedies

Civil — injunction (most commonly sought), damages or account of profits, delivery up of infringing goods, anton piller-type search orders. Criminal — Section 63 of the Copyright Act, 1957 (up to 3 years imprisonment) and Section 103 of the Trade Marks Act (cognizable offence punishable up to 3 years). Commercial Courts under the 2015 Act have exclusive jurisdiction over IP suits above ₹3 lakh in value.

IP audits for Kota businesses

For Kota businesses growing pan-India — coaching institutes, food brands, jewellery, textile manufacturers, e-commerce sellers — we conduct IP audits: register brand names, logos and taglines as trademarks; copyright key training material, course content and software; file design registrations for product packaging; and capture all IP via written assignment from employees and contractors under Section 17 of the Copyright Act.