Trademark search solutions enable companies to save time and cost while filing trademarks by allowing them to side-step any infringement or rejection. It is essential before filing as it prevents an applicant from spending money on a trademark that’s not available. A trademark should always be unique and original to restrict infringement-related legal disputes. A thorough trademark search offers the flexibility to modify the mark before launch.
Aumirah’s automated and AI-enabled search solutions are designed to give our clients an idea of everything they should know before filing for trademarks. We help our clients in the following:
- To discover all potential similar brands or trademark names that could limit their ability to protect Trademark.
- To explore existing exact, near exact, and similar-sounding mark names under the same category.
- To find information about any similar well-known brand names or trademarks.
- To discover other similar seeming devices, logos, and brands.
Filing is a multi-step process requiring expert consultation and guidance to submit a trademark registration application to the appropriate IP office. Though the mere submission of an application does not guarantee acceptance, the examiner analyzes the Form for any discrepancies before publishing it in the Trademark Journal. And if everything is clear, the mark is registered without opposition.in this process, we help clients to:
- Perform a trademark search to check for identical or similar trademarks.
- File the trademark application with the relevant trademark office.
- Respond to all objections raised by the examiner or third parties.
Aumirah’s trademark filing form preparation service assists businesses in registering names, logos, symbols, and slogans as trademarks with their brand value and image. Our experts prepare foolproof trademark application forms to save clients time, effort, and money, ensuring minimum office actions and a seamless registration process.
Aumirah’s trademark filing form preparation aids law firms, IP attorneys, start-ups, large corporates, and in-house IP counsels by preventing registration of confusingly similar marks, enjoy their own trademark rights by providing cost-effective services to save a business time and money to align their key focus domains.
A brand’s unique identity and reputation are crucial, and a trademark plays a pivotal role in maintaining a distinct identity among the other competitors in the market. Trademark prosecution means a series of interactions between the trademark officials and trademark lawyers to fulfill some fixed objectives. This process can happen for several reasons, such as; trademark registration, modifications in a previously registered trademark, and restoration of a trademark.
Allow Aumirah to serve you; let’s be proactive in registering your Trademark to ensure that you maintain exclusivity and protect your brand’s unique identity and fame.
In this process in which, after receiving an unsuccessful reply, the Trademark Registrar sends the applicant with a show cause notice, entailing to appear before a tribunal, and either the applicant or a representative has to be present there for the case, which is followed by trademark hearing.
Trademark Hearing is a matter which requires proper trademark attorneys by your side. Here, the right attorney’s decision can conclude whether your Trademark is being accepted or rejected by the Registrar. Hence, you should only look for the best trademark attorneys to win the case. Fortunately, Aumirah provides you with legal aid that has the tenacity and willpower to get your rejected Trademark accepted with ease through the following services:
- Collecting information and restarting the process
- Drafting the application
- Reviewing the draft and amending it if necessary
Representing you in the Trademark Hearing
Aumirah values Trademark as a unique creation to promote any brand; hence, with our prior knowledge and upgraded skills, we assure you to provide customized digital Trademark monitoring parameters to satisfy your brand needs. Through regular and constant searching, our team nurtured practical skills to find out if any infringement or fraudulent imitation was done. Our professional keeps an eye on identifying the imitators to protect your Trademark. We assist in:
- Identifying similarities in word meaning, not just finding out the identical terms.
- Providing a user-friendly portal to store review watch reports.
- Leveraging technology to discover phonetic and visual resemblances.
The trademark watch is a proactive measure to help the trademark owner to enforce his mark by acting against any infringement and misuse of his mark on a timely basis. In addition to the customized needs of a business, the watch is usually done to identify the following:
- Identical Trademark Watch: Here, we identify similar or identical marks or devices, which include logos or labels.
- Similar Trademark Watch: We usually identify identical and confusingly similar marks.
We understand the value and importance of Trademark to any business. Hence, we leave no stone unturned to ensure the effective use of your intellectual assets. If you want us to examine all relevant trademark registers to identify identical trademarks or protect them from an infringer or an unauthorized user, reach out to Aumirah immediately.
Anyone can file for trademark opposition to the Registrar within 4 months from the date of registration application advertisement. Section 21 of the Trademarks Act, 1999, provides that anyone can file an opposition notice to the Trademark Registrar. This includes organizations, companies, individuals, trusts, and partnership firms. Hence, any aggrieved third party can raise opposition to trademark registration. The trademark opposition process consists of the following:
- Notice of trademark opposition
- Counterstatement for notice of trademark opposition
- Evidence for and against trademark opposition
- Hearing and decision concerning trademark opposition
When the Registrar takes the applicant’s favour, the trademark registration will be registered along with an issue of a certificate, and in case of vice versa, the Trademark gets rejected. Aumirah is well-trusted by many brands to get a successful trademark registration certificate.
Trademark docketing refers to keeping track of statuses and the numerous deadlines linked with trademark applications and registration processes. In earlier times, when there were no technological advancements of software and databases, docketing was done manually with the help of a calendar. Aumirah uses the most straightforward trademark docketing systems, which allow you to input deadlines received from Intellectual Property offices and alert you when the deadlines are approaching. Our docketing software includes the following:
- Automation: This saves the time of the docketer and also significantly decreases the chances of human error.
- Deadline calculation: This automatically calculates the deadlines based on statuses, and status dates and, for some jurisdictions, even detects filings automatically and updates statuses and deadlines for you with ease.
- Document storage: This also helps send daily email notifications to remind filers of the deadlines.
- Reminders about deadlines: Electronic system automatically collects documents like applications, certificates of registration, office actions, drawings, and detailed notes about interaction with clients, colleagues, and co-counsels.
- Reporting tools: We help you in creating powerful custom reports with just a few clicks.
- Tools for communicating with clients and colleagues: Aumirah can even assist you by providing clients and colleagues with read-only access to check their trademark filings if you would like.
Amirah’s trademark experts use most electronic calendaring and journaling, helping clients with comprehensive services relating to Trademark Docketing.
Trademark protection is perpetual. Therefore, trademark protection is accorded for ten years at first. The registered trademarks in India can be renewed on a regular basis for an additional 10 years by filing Form TM-R along with the trademark Registrar. Each subsequent renewal should be filed within a year from the expiry date of the preceding duration of a decade.
Unlike patents, copyrights or the industrial design, trademark rights can indefinitely last if the owner continues to use the trademark. However, if an already registered trademark is not renewed on time, it is liable to be deleted from the trademark registry. Our trademark renewal services include the preparation of a request for trademark renewal, which undergoes our quality review process. The same is forwarded to the Trademark Registry Office, and the docket records are updated.
Trademark infringement is the illegal usage of a mark that is similar or identical to an already registered trademark. This process helps monitor trademarks in all jurisdictions. This service allows any identical or similar trademarks owned by third parties to be identified. There are various types of trademark infringement watches, such as:
- Direct infringement (Used by an unauthorized person, Identical or deceptively similar, registered Trademark, Class of goods or services)
- Indirect Infringement (Vicarious liability & Contributory Infringement)
One must learn to draft a proper legal notice for trademark infringement while filing a legal notice. Here, we will tell you all the problems and remedies involved in sending a legal notice. Although one can find many samples of legal notices for trademark infringement online, not many will tell you the steps. You can get a lawyer to draft a legal notice for trademark infringement and watch the video below explaining it.
In our office, we see many trademarks settlement and coexistence agreements being entered. Often when one party needs the other’s consent to register its trademark, it is important, while keeping the immediate goals in mind, to consider the broader, long-term effects of the terms of the agreement on each party’s business.
We have a dedicated team of commercial lawyers who understand the complexities of trademark settlement and coexistence agreements and can provide customized advice that is useful, accurate, and practical.
Trademark law in India has witnessed marvellous growth in the past few years. There is increasingly aggressive enforcement of trademark rights by Trademark litigation. Aumirah shall be available for your assistance in case of Trademark registration or Litigation. We shall be happy to help you.