TrademarksBrand ProtectionIndia
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Trademarks · Brand Protection

Trademark registration and brand protection strategy

Trademark search, filing, prosecution, opposition, infringement litigation, passing off actions, well known trademark applications and online brand protection.

Counsel that connects the technical, the commercial, and the legal, across ten offices in India.
Trade Marks Act
1999
Filing
Prosecution
Infringement
Litigation
10
Offices
01

Trademark search, filing and prosecution

  • Comprehensive trademark search across Indian Trade Marks Registry databases (Delhi, Mumbai, Chennai, Kolkata, Ahmedabad).
  • Application filing under the Trade Marks Act, 1999 in all 45 Nice Classification classes.
  • Examination report response, objection hearing and registration procurement.
  • Madrid Protocol international registration designating India and conversely.
02

Trademark enforcement and infringement

  • Infringement actions under Section 29 and passing off actions under common law.
  • Interim injunction applications (John Doe/Ashok Kumar orders) for counterfeiting.
  • Criminal prosecution for counterfeit goods under Sections 103 to 105.
  • Customs recordal and border measures for counterfeit goods interception.
03

Online brand protection and domain disputes

  • Domain name dispute resolution under INDRP (.in) and UDRP (gTLD).
  • E commerce platform takedown procedures (Amazon Brand Registry, Flipkart Brand Protection).
  • Social media impersonation and infringement takedowns.
  • Online marketplace monitoring and enforcement strategy.
04

How AMLEGALS assists

  • Trademark portfolio strategy, filing and prosecution management.
  • Opposition and cancellation proceedings before the Trade Marks Registry.
  • High Court infringement and passing off litigation.
  • Brand audit, licensing and franchise trademark compliance.
Answers

What clients ask before they commit.

Short, direct, on the record.

01How long does trademark registration take in India?

A trademark application with no objections or oppositions can be registered in approximately 6 to 12 months under the expedited processing system. Contested applications involving examination objections or third party oppositions can take 18 to 36 months.

02What is the validity of a registered trademark in India?

A registered trademark is valid for 10 years from the date of application and can be renewed indefinitely for successive 10 year periods by paying the renewal fee within the prescribed window.

03Can a foreign company register a trademark in India?

Yes. A foreign company can file a trademark application in India either directly through an Indian agent or attorney, or by designating India through the Madrid Protocol international registration system. No Indian entity or establishment is required.

04What is the difference between trademark infringement and passing off in India?

Infringement is a statutory remedy under the Trade Marks Act available only to registered trademark owners. Passing off is a common law remedy available to any person with goodwill in a mark, whether registered or not. Infringement focuses on the mark, passing off focuses on the business reputation.

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