Trade marks have become an important part of running a business. Increasingly, businesses across India are applying for trade marks as it helps them stand out and acts a prime instrument for advertising and selling their products. Primarily, a trade mark distinguishes the goods and services of one trader from those of others. This ensures that there is no confusion in the mind of the consumer as they can identify the source and authenticity of a product. A trade mark can be registered online, the process for which is fairly straightforward. However, as simple as the registration process may seem, picking the right trade mark is no easy nut to crack. This is where you need a trade mark attorney or agent to step in.
Who is a trade mark attorney?
A trade mark attorney is someone who is an expert in matters of trade mark laws and other laws relating to Intellectual Property Rights. A trade mark attorney assists a trade mark proprietor or a proposed trade mark proprietor in registering and protecting the trade mark. A trade mark attorney also ensures that the trade mark applied for does not infringe someone else’s trade mark. A trade mark attorney in India needs to be registered before the Intellectual Property Appellate Board.
Why hire a trade mark attorney?
- Hiring a trade mark attorney will help you take care of all your registration needs. There are many intricacies in registering a trade mark that require the expertise of a trade mark attorney. Before your trade mark is registered you need to ensure that it is not similar to any previously registered trade mark and here your attorney will help you by conducting a thorough trade mark search. A proper trade mark search will increase the chances of your application being accepted.
- Once you choose a trade mark, the next step is filing your application. If there is any objection or opposition to your trade mark then the attorney will file the reply for you and argue the matter and settle so that your registration is granted.
- Having a trade mark attorney reduces the burden of the trade mark owner as the attorney handles all the matters relating to the trade mark. A trade mark needs to be renewed every 10 years and your attorney will ensure you file for renewal on time.
Having discussed the role of a trade mark attorney in India, we can see how they play an important role in securing and registering your trade mark. The long drawn process of registration is made easier by a trade mark attorney and guarantees you get the trade mark you want.