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Role of Trademark Lawyer in India

Role of Trademark Lawyer in India

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a prime instrument for advertising and selling their products. Primarily, a trademark 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. You can apply for trademark registration online, the process for which is fairly straightforward. However, as simple as the trademark registration process may seem, picking the right trademark is no easy nut to crack. This is where the role of trademark lawyer in India becomes crucial.

Who is a trademark lawyer?

A trademark lawyer in India is someone who is an expert in matters of trademark laws and other laws relating to Intellectual Property Rights. They assist a trademark proprietor or a proposed trademark proprietor in registering and protecting the trademark. A trademark lawyer also ensures that the trademark applied for does not infringe on someone else’s trademark. To sum up, the role of a trademark lawyer in India involves providing a range of legal and other services in relation to the creation, registration, and maintenance of trademarks and service marks. A trademark lawyer or agent can advise on matters related to trademark filings, registration and opposition.

Who is a trademark agent?

A trademark agent can be any graduate from a recognized university with expertise on matters of the trademark. However, unlike a lawyer, a trademark agent needs to clear the trademark agent exam conducted by the Trademark Registry. An advocate can also become a trademark agent by applying through Form TM-G with the prescribed fees. Generally, a trademark agent helps with matters like trademark search and registration. For more comprehensive problems such as an infringement case, hiring a trademark lawyer may be a better option.


Why hire a trademark lawyer?

  • Hiring a trademark lawyer will help you take care of all your registration needs. A trademark registration is complex and requires the expertise of a trademark lawyer. Before you register a trademark, you need to ensure that it is distinctive. In simple words, it is not similar to any previously registered trademark. Here, a trademark lawyer helps you by conducting a thorough trademark search. A complete trademark search increases the chances of your application’s acceptance.
  • Once you choose a trademark, the next step is filing your application. If there is any objection to your trade mark then the lawyer will file the reply for you. Thus, ensuring the grant of your trademark registration.
  • Having a trademark lawyer reduces the burden of the trademark owner as the lawyer handles all the matters relating to the trademark. A trademark needs renewal every 10 years and your lawyer will ensure you file for renewal on time.


Having discussed the role of trademark lawyer in India, we can see how they play an important part in securing and registering your trademark. The long-drawn process of registration is made easier by a trademark lawyer and guarantees you get the trademark you want.

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