There is a need for trademark lawyers in India because of the lack of knowledge of the common man regarding trademark laws. Trademark Lawyers are the one who helps individuals and entities regarding their trademark-related work. Trademark is one of the type of intellectual property. It can be any logo, word, phrase, sound, or mark. After the Trademark Registration, one cannot take another’s trademark as their own because it will be considered as an infringement of the trademark which is an offense. And that’s why there is a need for trademark lawyers in India who can help individuals and entities regarding their trademark-related work.
Who are Trademark Lawyers?
Trademark lawyers are the one who helps individuals and entities to get done their trademark-related work. They know trademark laws and their implementation very well. With the help of their knowledge regarding the trademark work, they can easily solve issues regarding the trademark. These issues can be related to trademark registration, objection filing, litigation, etc.
When is the Need for Trademark Lawyers?
The need for trademark lawyers in India is felt in a variety of circumstances. You must contact a trademark attorney if you want to protect any names, symbols, words, phrases, or sounds that identify the products or services that your business offers. They can assist you more effectively because they are experts in this particular area. The following tasks show the need for trademark lawyers in India:
Trademark Search
The process of trademark registration always starts with a trademark search. Trademark search is the process of determining whether the logo, phrase, sound, or mark for which registration is sought is already in use or not. Getting a trademark registration partially depends on the results of a trademark search. Thus here need for trademark lawyers in India with knowledge of trademark search are necessary.
Trademark Registration
It is essential to safeguard your brand’s trademark so that no other person or organization can profit from the goodwill associated with your brand. Through trademark registration, it is possible. Trademark registration is an online procedure that ensures your brand logo, word, phrase, sound, or mark safety. Despite being an online process, there are numerous formalities and papers that one needs to complete. Your application will be rejected if something goes against the rules and regulations given under the Trademark Act, 1999. So, in order to register your trademark without any glitches, there is a need for trademark lawyers in India who are well-versed in trademark laws.
Trademark Monitoring
Getting registration is not the only task you need to do to safeguard your trademark. After getting registration monitoring is equally important so that it can be made sure that other people are not using your registered trademark without your permission. If any such situation occurs you can take legal action against them with the help of your trademark attorney. There number of good trademark lawyers in India, who can help you out. A conversation with the third party and any appropriate legal action must be taken within the period of infringement.
Trademark Litigation
At this point, retaining a trademark attorney is required and not an alternative. A lawyer who can represent you in court is necessary if you are entering the courtroom for any litigation regarding your trademark. One needs to enter into litigation when any individual or entity is using your trademark without your permission or trying to take registration on a logo, word, phrase, sound, or mark on which one has already taken registration. A common man is not familiar with the court proceedings and, hence cannot represent themselves in the court. Therefore for this purpose, there is always a need for trademark lawyers.
Trademark Renewal
The initial 10-year trademark protection period may later be extended for an additional 10-year period via a renewal process. But once more, you’ll need to submit an application for renewal, which you can’t accomplish without a trademark lawyer. Just like taking new registrations, the renewal process also involves a lot of formalities and paperwork. To fulfill all the requirements of the renewal process there is a need for trademark lawyers, who are experienced and have experience in trademark law.
Trademark Licensing
Your brand’s trademark is protected after you register it with the trademark authority. However, if you are willing to earn with the help of your registered trademark you can take benefit of the trademark licensing process. Through this process, you grant permission to the third party, so that they can use the goodwill of your trademark for a particular time duration in exchange for consideration. There is a proper procedure of trademark licensing that one needs to follow with the help of an attorney to avoid any kind of loss. Additionally, there are several formalities, such as agreements and contracts that must be fulfilled for proper trademark licensing.
Trademark Objection Filing
When somebody submits their application to get trademark registration, the logo, word, phrase, sound, or mark that they want to register will be made available publicly. If you find that somebody is using your trademark then in such a scenario, with the help of an experienced trademark lawyer draft the objection against the existing registration application or unauthorized use of it.
Why would a person hire a trademark lawyer?
There are several reasons which were explained above due to why there is a need for trademark lawyers in India some of them are given below:
Expert Advice
When one engages a trademark attorney, one benefits from his extensive experience in the related industry. With experienced guidance, this experience can assist individuals or businesses in completing their work quickly. In such a situation, there are fewer chances of failure when performing any type of trademark-related work.
Safety of Time and Energy
Mostly all the tasks related to trademarks can be done online. Due to its online procedure, many individuals and entities believe that it is a simple task and can be done on their own. However, the ground reality is different. Although the procedure is online, formalities cannot be compromised. Your work will suffer if any formality is improper or inappropriate or not as per the rules and regulations mentioned under the Trademark Act. If any formality is left your application may be rejected on the same basis which can waste your time and energy both. To save your time and energy take the assistance of a trademark lawyer who can help you out with his or her expertise.
Secure Money
You must ultimately pay specific government fees when you complete any trademark-related activities. Your money will be lost if your application is ever rejected because of a careless error that was possibly made due to ignorance. Now, you must pay the government costs once more if you want to reapply. There are a number of trademark lawyers in India but only a skilled trademark lawyer can help you avoid such a predicament.
There are numerous exemptions that allow one to avoid paying government fees. However, only trademark attorneys with experience can assist you with this, as people or organizations without experience are unaware of this. For instance, if someone obtained a Udyam registration before applying for trademark registration, they need to pay half the government fees.
Conclusion
Trademark lawyers in India play an important role, particularly for start-ups and technology businesses. These professionals protect brand identities through services like registration, litigation, and licensing in light of the increasing importance of intellectual property. Their advice helps to prevent infringement and secure correct registration in the middle of multiple trademarks. By avoiding application rejections and drawing attention to fee exemptions, trademark attorneys provide advantages like risk reduction, time savings, and financial stability. Their expertise helps with complications like lower fees for Udyam-registered organizations. In general, trademark attorneys play a crucial part.
