TRADE MARK FILING / PORTFOLIO

A trademark is a mark capable of being represented graphically and distinguishing the goods or services of one person from those of others. It may include the shape of goods, their packaging, and a combination of colours. In India, the Trade Marks Act, 1999 and the Trade Marks Rules, 2017 provide the legal framework for the registration, protection, and enforcement of trademarks, aiming to secure robust protection for goods and services while preventing fraudulent use of a mark.

 

Trademark registration is a foundational step in building your brand. A trademark serves as a legal protection for a brand’s identity, ensuring that no person can unauthorised use a similar or identical name, logo, slogan, overall appearance, combination of colours, etc., that could cause confusion in the minds of the consumers. While unregistered trademarks enjoy some protection under common law through prior use and the doctrine of passing off, registration offers a stronger protection. A registered trademark serves as prima facie evidence of ownership, conferring statutory rights that simplify enforcement and broaden legal remedies. This legal protection is critical for establishing a unique market presence, safeguarding your brand’s identity, and preventing competitors from exploiting your reputation.

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The journey from securing a trademark to developing a strong brand and building brand equity is both complex and strategic. It requires a blend of creativity, careful planning, and effective resource management. Khurana & Khurana has been at the forefront of guiding corporations through this process, helping them develop robust trademark strategies and enforce their rights globally—ensuring that their brand identities are protected and poised for sustainable growth.

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Our Approach

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At Khurana & Khurana, we handle the administrative complexities of trademark registration and portfolio management—allowing you to focus on building your brand. Our Services include:

 

Trademark Search | Trademark Filing | Trademark Prosecution | Trademark Licensing & Commercialization |

Trademark Portfolio Management

 

Trademark Search

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Our trademark search service is designed to verify the availability and registrability of your mark. We conduct an in‐depth search across multiple databases and registries using the internationally recognized Nice Classification system. Our process includes:

 

• Detailed Analysis: We review existing trademarks, including similar names, logos, and other distinctive elements, to identify potential conflicts.

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• Risk Assessment: We evaluate the likelihood of rejection based on prior art and overlapping marks, providing you with a clear picture of your mark’s viability.

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• Strategic Recommendations: Based on our findings, we advise on modifications or alternative marks to ensure strong, enforceable protection.

 

📩 For expert trademark search services, please contact us at info@khuranaandkhurana.com.

 

Trademark Filing

 

Domestic Trademark Filings

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Our domestic trademark filing services cater specifically to the Indian market. We provide end-to-end support throughout the registration process, which includes:

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• Application Preparation: We ensure that your trademark application is complete, accurate, and complies with the requirements under Trademarks Act, 1999, and the Trade Marks Rules, 2017. This includes proper classification of goods and services, precise mark descriptions, and the necessary declarations.

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• Filing & Examination: We file the application electronically via the Intellectual Property India portal and monitor the examination process. Our team promptly addresses any office actions or deficiencies noted by the examiner.

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• Publication & Opposition: After successful examination, your application is published in the Official Trademark Journal, where we manage any oppositions that arise, ensuring a smooth transition to registration.

 

International Trademark Filings

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To secure protection for your mark in global markets, we offer specialized international filing services under the Madrid Protocol and other relevant systems. Our services include:

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• International Application Preparation: We assist in preparing and filing international trademark applications that reserve your rights in multiple jurisdictions, ensuring consistency with your domestic filing and compliance with international standards.

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• Global Registration Support: We manage the transition from international applications to national phase filings, working closely with our network of partner attorneys worldwide. This support covers key jurisdictions such as the USA, the EU, China, Japan, Korea, and more.

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• Strategic Portfolio Coordination: Our international filing service integrates with your overall trademark strategy, ensuring that your brand is uniformly protected across all targeted markets while reducing duplication of effort and cost.

 

📩 For expert guidance on trademark filings, please get in touch with us at info@khuranaandkhurana.com.

 

Download PDF for more information

Trademark Registration Process in India

Documents required for Trademark Registration

Renewal of Registered Trademark

 

Trademark Prosecution

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At Khurana & Khurana, our dedicated team of trademark professionals guides you through each stage of the registration process, providing comprehensive support that includes:

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• Application Preparation and Filing: We meticulously prepare your trademark application—whether it is a word mark, device mark, label, or a combination thereof. We accurately describe your mark, classify your goods or services according to the Nice Classification system, and compile all the necessary documentation. We then submit your application electronically via the appropriate portal, ensuring full compliance with the relevant law.

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• Response to Examiner’s Objections: We begin by thoroughly analysing any office action to pinpoint the specific concerns—whether it relates to distinctiveness, similarity to existing marks, or other legal requirements. Following this, we prepare well-reasoned responses that include necessary counterarguments, amendments, affidavits, and supporting evidence to effectively overcome objections.

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• Opposition Proceedings: In cases where third parties oppose your application, we manage the entire process-from filing counterstatements to representing you at opposition hearings. Our experienced team ensures that all legal arguments and evidentiary submissions are presented clearly and persuasively to safeguard your trademark rights.

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• Post-Grant Maintenance: Once your trademark is granted, our support continues. We manage all aspects of post-grant maintenance, including monitoring the trademark’s usage, handling renewals, and advising on enforcement measures. Our team ensures that your trademark remains in force and continues to safeguard your brand’s identity, providing ongoing strategic guidance to adapt to market changes and protect your asset over the long term.

 

📩 For assistance with trademark filing, objection handling, opposition proceedings, and hearings, please reach out to us at info@khuranaandkhurana.com.

 

Download PDF for more information

Examination Process

Grounds for Refusal of Registration of Trademark

Opposition Proceedings

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Trademark Licensing & Commercialization

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At Khurana & Khurana, we help you unlock the full commercial potential of your trademark through strategic licensing and commercialization. Whether you seek to license your trademark to third parties or expand into new markets, we provide tailored guidance on structuring licensing agreements, determining appropriate royalty models, explore new market opportunities that enhance your brand value. Our team works to ensure that every licensing arrangement aligns with your business goals while safeguarding your trademark rights, helping you generate revenue while maintaining control over your brand identity.

 

Our Services include:

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• Developing Licensing Strategies: We collaborate with you to create a bespoke licensing strategy that aligns with your business goals. By assessing your trademark’s market value and identifying ideal licensing partners, we formulate a strategic roadmap designed to maximize revenue generation and expand your brand’s presence.

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• Drafting and Negotiating Agreements: Our experienced team prepares watertight, enforceable licensing agreements and negotiates favourable terms on your behalf. We help determine appropriate royalty models and contractual provisions that safeguard your interests and limit liabilities, ensuring that each licensing deal is structured for optimal commercial success.

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• Market Expansion: Leveraging comprehensive market research and competitive analysis, we identify and explore new opportunities to extend your trademark’s reach both domestically and internationally. Our proactive approach unlocks untapped revenue streams and supports sustainable growth.

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• Risk Management: We ensure that every licensing arrangement incorporates robust risk management measures to protect your trademark rights and maintain your brand’s integrity. This includes establishing compliance protocols, monitoring licensing performance, and implementing enforcement strategies to mitigate potential risks.

 

📩 For expert assistance with trademark licensing, commercialization, and portfolio management, please contact us at info@khuranaandkhurana.com.

 

Trademark Portfolio Management

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Maintaining a robust trademark portfolio requires vigilance and strategic oversight—essential for sustaining your brand’s competitive edge, both domestically and globally. At Khurana & Khurana, we offer comprehensive portfolio management services designed to protect and optimize your trademarks, brands and sub-brands across multiple jurisdictions. Our dedicated team of professionals tracks critical timelines, monitors for potential infringements, and provides strategic advice on expanding and protecting your trademark portfolio. Leveraging our extensive network of international partners and advanced monitoring systems, we ensure your assets remain secure and consistently managed on a global scale, fully aligned with your business objectives.

 

Our Services include:

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• Continuous Monitoring: Regularly tracking your trademark’s status and identifying potential infringements across markets.

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• Timely Renewals: Managing renewal schedules to ensure uninterrupted protection of your trademarks.

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• Strategic Portfolio Audits: Conducting periodic reviews and offering insights on optimizing and expanding your portfolio.

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• Proactive Enforcement: Taking swift action to enforce your trademark rights and mitigate any risks.

       By proactively managing your trademark portfolio, we help you mitigate risks, strengthen market                             positioning,   and ensure continued legal protection.

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📩 For expert assistance with trademark portfolio management, reach out to us at info@khuranaandkhurana.com.