Trademark Attorney in India

biswajit sarkar



There is a significant increase in the number of people starting different businesses and start-ups in India. Due to this enhancing numbers, trademarks have gained an important position in the Indian economy. By adding distinctive character or by creating goodwill through continuous and extensive use in the business a trademark can be a spear heading for growth. The fundamentals of distinctiveness of a trademark are based on creativity of a word which is not available in the dictionary and to create the monopolistic right in the market a trademark should establish the stand alone position as well as the distinctiveness. Thus, the selection of a trademark is of utmost important issue for the business existence and prosperity. This important issue can be decided after availing the professional service provided by Trademark Attorney in India. Trademark attorneys in India are professionally qualified individuals who have attained considerable amount of knowledge and experience in matters relating to trademarks. From filing a trademark application to registration of trademark including trademark oppositions as well as other legal procedures, taking the service from an experienced trademark attorney or trademark law firm is advisable for understanding various legal issues and the protection involved with the chosen trademark. A trademark lawyer in India can also deal with infringement cases when there is a situation of product duplication or brand imitation.


 It is a general trend in India among the business entities not to consult any IPR attorneys for selecting any trademark or to protect other kind of intellectual property in the business as a result business growth is always staggering for the competitive  and business. Creating or converting the business in the domain of monopoly can only be possible with help of an experienced IPR lawyer, not by any casual way of initiating the business. The trademark attorney can provide complete assistance in completing the trademark registration in India, to attend show cause hearing, trademark oppositions. The trademark attorney or the trademark lawyer can prepare suitable legal submissions for overcoming the objections which are generally raised by the Trade Mark Examiners at the Trade Marks Registry in India. Furthermore, a trademark can render their professional services for the undernoted requirements:

  •  To act as a legal representative of their client and maneuver all essential processes involved in trademark registration in
  •  To assist in trademark searches before filing a trademark application in order to avoid similarity of the client’s trademark with that of any prior registered/pending trademark and counsel on the result obtained through the search
  • To render legal advice on distinctive character of their client’s trademark and whether the trademark complies with all legal
  • To protect the client’s trademark against possible infringements or objections raised during prosecution stage of the trademark
  • To fight trademark opposition cases and attend court hearings, when required.
  • To provide an opinion on the trademark chosen by their client and the extent of recognition it can achieve in the minds of consumers and therefore, advice on necessary changes.
  • To classifying the list of goods and services under which a trademark is to be registered. The goods and services classification are of primary concern and is a fundamental aspect involved in trademark related matters. Understanding these classifications is not an easy task and surely requires expertise.

The significant role of a trademark attorney in India is instrumental to acquire legal knowledge and advice after consultation. An attorney must always provide legally sound opinions to their clients and assist in ways that benefit their clients and all their needs. The role of a trademark attorney extends beyond the points that have been stated above.


It is important to choose an experienced trademark attorney for selecting a distinctive trademark in the proposed business or to understand the legal protections therein to avoid unfair business competition. A trademark attorney in India is governed by the Trademarks Rules, 2002 to deal with the procedures of trademark registration or to attend any proceedings before the Trademarks Registry in India.


From the above circumstances it can be concluded that choosing a trademark in the business is a serious proposition or traverse in the legal periphery. Therefore, a professional service from a trademark law firm is highly recommended. Needless to say, that the contribution of a chosen trademark for the success of business depends largely upon the role played by an experienced trademark attorney.


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