Trademark Overview
A trademark, in the most general sense, can be defined as the trade name which may consist of a word, a logo, a distinctive label, a symbol, or a combination of all that is used by a legal entity to distinguish their product or service from others in the industry.
Excelon IP provides premier Trademark Services in India with a dedicated team of Trademark Attorneys and Trademark Agents to fulfill all trademark-related requirements of our vast client base.
How to Protect Your Trademark?
A trademark in India can only be protected when it can be used in a distinctive manner to identify the product (the goods or services). A trademark basically protects the consumers too, not just brand owners. It protects consumers from getting confused about the provider of particular goods or services.
If someone uses a registered trademark for the purpose of commercialization, the owner of the trademark can raise objections against such person and file a suit for trademark infringement. A registered trademark provides the trade name owner with the exclusive right to use and enforce.
Exclusion of Descriptive and Generic Marks
Not every word or logo design is subject to trademark. Protection of a trade name is dependent on various factors, including its distinctiveness. To get protection and the status of a registered mark, the trademark must not be generic and must not be descriptive.
For instance: You cannot get registration for the word "Quality" since it is generic. Likewise, you cannot get registration for the word "Cherry" if you trade cherries (fruit). However, you can register the word "Cherry" if you trade in bicycles under that name.
Basic Functions of a Trademark
A trademark serves four basic functions that are vital to market positioning and customer trust:
Importance of Trademarks in the Pharma Industry
Choosing a trademark and getting it registered for the pharmaceutical sector is complex because of the stringent rules and regulations of trademark laws in India. It requires great care to choose and register a trademark in the pharmaceutical sector in order to ensure minimal confusion in the minds of the general public.
Confusion due to the name of a drug in the mind of a layman can cause serious, life-threatening consequences in the pharma sector. At the same time, the trademark of the pharma sector is very important to people in general since they help in the identification of the desired drug.
Pharma Search Criteria
While launching a new product in the pharmaceutical sector, the applicant must check globally for the existence and use of the mark to reduce consumer confusion.
Generally, a pharma trademark will feature a non-proprietary word complemented by the chemical name of the drug. While reviewing, the trademark examiner ensures that no term, letter, or word gets registered which must be left free for general use by the industry.
Our Trademark Solutions
Our Trademark Law firm has years of experience and provides you with complete solutions for your brand's intellectual property requirements.
1. Trademark Search Services
Comprehensive phonetic, visual, and class-wise clearance searches to verify that your proposed mark does not conflict with active registries in India and abroad.
2. Trademark Opposition Search & Filings
Filing oppositions against third-party marks that dilute your brand strength, as well as defending your marks from oppositions raised by competitors.
3. Trademark Licensing Services
Drafting license agreements, franchise deeds, and assignment contracts to help you monetize your brand equity securely.
4. Trademark Valuation Services
Quantifying the monetary value of your trademarks for transactions, M&As, licensing agreements, or capital investment audits.
5. Trademark Watch & TM Monitoring
Regular monitoring of newly published journals to catch conflicting or confusingly similar marks early before registration.
6. Trademark Filing & Prosecution
Filing Form TM-A with the Indian Trademark Registry, trackingNice classification (classes 1-45), replying to office action examination reports, and representing clients in show cause hearings.
7. Madrid Trademark Application Filing
Registering trademarks internationally across 130+ WIPO member countries through a single standardized application under the Madrid Protocol.