Trademark

Ataraxia IP offers a broad range of trademark solutions that span the entire trademark lifecycle – from trademark clearance to assisting with prosecution-driven tasks to enforcement and trademark maintenance. Ataraxia IP provides you a one stop solution for all your Trademark needs. From Searching to Registration ,We do have an extensive experience of providing services in more than 500+Trademarks. We at Ataraxia IP, in addition to ensuring the uniqueness of your brand, also make sure that you get the optimum returns for your trademark.

Also, we actively monitor the commercial sphere around your brand and design against potential infringement. Depending on the jurisdiction of interest, we also provide watches (for monitoring periods of your choice) for your design and trademark and notify you of potentially conflicting designs and marks within the opposition period.We also ensure that it is made available to the client within the open public opposition period as per the countrys’ laws.

Trademark Searches

The Trademark Search helps the client to identify finds of utmost importance in the fact that the acceptance of a mark for registration as a trade mark, depends on the distinctiveness of the mark. It needs to be ensured that the proposed mark is not identical or even similar to any pre-existing mark which is either registered or pending registration.Detailed prior search is also proof of honesty and good faith in adoption of the mark, during opposition and infringement proceedings.

Trademark Litigation

• Obtaining exparte Injunctions and John Doe Orders
• Obtaining search and seizure Orders
• Conducting market raids
• Rendition of accounts of the infringer/ violater
• Mediation for amicable settlement of disputes
• Arbitration and Conciliation
• Trademark Infringement (Analysis / Opinion
• Action of Infringement & Passing Off

Assignment/ Transfer & Transmission/ Revocation Of Registered & Unregistered Trademarks

In respect of assignment or transmission of trademarks (registered or unregistered) without goodwill of the business concerned, the prescribed procedure has to be followed, which includes advertisement of the proposed assignment to be published in the newspapers. Trade mark license is an agreement between the registered proprietor of the trade mark (licenser) and another person (licensee), authorizing the licensee to use the trade mark in course of trade, against the certain payment of royalty to the licenser. But the act speaks about the “registered user” and “permitted use.”

Trademark Registration/Renewal/ Removal

The following are some of the grounds on which the registration of a trademark can be removed or cancelled:

The Registration of Trademark is valid for 10 years from the date of application. It can be renewed after every 10 years. The prescribed procedure must be followed by the applicant/or agent to get the trademark renewed.

If the Trademark is not renewed within the prescribed period then the examiner will remove the Trademark from the Trademark Registered. However, once the trademark was removed, it can be restored by filling the necessary procedures as and when required by the authority.