TRADE MARKS
A trademark is your brand identity, which can include your business name, logo, tagline, or even a distinctive product name.
Registering a trademark gives you exclusive rights over that identity and prevents others from using something confusingly similar in the same line of business.
A basic search can be conducted on the government database. Still, availability is not always straightforward and requires a thorough clearance search, including common law searches on popular web platforms such as Google.Our firm’s detailed clearance search includes phonetic similarities and industry overlap to assess the actual risk of objection or opposition before filing.
In most cases, it takes 12–18 months for the registration certificate to be issued by the Trade Marks Registry, provided there are no objections or oppositions.
However, you can start using the ™ symbol immediately after filing, and your mark may be accepted and advertised within 8–12 months, provided no objection is raised by the Trade Marks Registry.
Please note that the applicant also has the option to expedite the registration process by filing a request for expedited examination with the Trade Marks Registry.
The ™ symbol can be used once you have decided to use the mark as a brand, and there is no need to wait for a formal registration.
The ® symbol can only be used after your trademark is officially registered. Using ® without registration may attract penalties.
An objection is raised by the examiner during review of the application, while an opposition is filed by a third party after acceptance and advertisement of the trade mark in the Trade Marks Journal.Both situations are manageable with a proper legal response. We assist clients in drafting and filing detailed replies and represent them through the process.
Yes, the process is accessible to the Applicant/brand owners as well. However, many applications face objections due to incorrect classification, similarity issues, or procedural gaps.
Professional assistance significantly reduces these risks and improves the chances of smooth registration.
COPYRIGHTS
Copyright protects original creative works such as literary content, artistic works, designs, music, software, and website content.It does not protect ideas, but the expression of those ideas in a tangible form.
Yes, copyright protection exists from the moment a work is created.
However, registration serves as strong legal evidence of ownership and is highly recommended in case of disputes.
While protection exists automatically, enforcement becomes significantly easier with a registration certificate.It strengthens your position in infringement actions and helps establish ownership without ambiguity.
PATENTS
A patent can be granted for inventions that are new, involve an inventive step, and are capable of industrial application.
This can include products, processes, and certain technical innovations
Software with technical effects or technical contribution may be patentable.
In accordance with the Computer-Related Invention Guidelines (CRI) 2016, revised in 2017, mere algorithms or business methods are not patentable.
A provisional specification is an initial filing that secures an early priority date for your invention.
A complete specification contains the full technical details and claims, and must be filed within 12 months of the provisional application.
Patent prosecution in India typically takes 2–4 years, depending on examination timelines and responses.
Expedited examination options may be available in certain cases.
WORKING WITH US
You can reach out to us through our contact form or schedule an initial consultation.We will understand your requirement, assess the scope of work, and guide you on the next steps in a structured manner.
This depends on the service. Typically, we require basic details such as your brand name, logo, nature of business, or details of your work/invention.We guide you through exactly what is required at each stage.
Our fees are structured based on the nature and complexity of the work involved. We provide clear, upfront estimates, distinguishing between government fees and professional fees, so there is complete transparency.
Yes, we offer consultations to understand your requirements and provide initial guidance.
This helps you make an informed decision before proceeding further.
We follow a structured communication approach and keep clients informed at every key stage of the process.Updates are shared promptly, along with clear explanations of any required actions.
Yes, we represent clients across the lifecycle of IP matters, including responding to objections, handling oppositions, and providing strategic support in disputes.
WORKING WITH US
You can reach out to us through our contact form or schedule an initial consultation.We will understand your requirement, assess the scope of work, and guide you on the next steps in a structured manner.
This depends on the service. Typically, we require basic details such as your brand name, logo, nature of business, or details of your work/invention.We guide you through exactly what is required at each stage.
Our fees are structured based on the nature and complexity of the work involved. We provide clear, upfront estimates, distinguishing between government fees and professional fees, so there is complete transparency.
Yes, we offer consultations to understand your requirements and provide initial guidance.
This helps you make an informed decision before proceeding further.
We follow a structured communication approach and keep clients informed at every key stage of the process.Updates are shared promptly, along with clear explanations of any required actions.
Yes, we represent clients across the lifecycle of IP matters, including responding to objections, handling oppositions, and providing strategic support in disputes.
Still have questions?
If you have a specific query or would like to discuss your requirement, feel free to get in touch with us.
GET IN TOUCH
Samaddar & Co. welcomes enquiries from clients across jurisdictions, as well as international businesses and legal professionals seeking focused intellectual property counsel.
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