Trademark
A trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises.
The business will be at risk of being sued when it utilizes a trademark that has been registered already. A trademark search that’s effective and thorough identifies all the confusingly similar trademarks that are already registered to provide you with the opportunity in selecting a distinct trademark. This can help you save a lot of money on non-refundable fees for trademark registration applications. A trademark infringement case can mean a suit that is going to cost a considerable amount and it takes several months or even years to resolve. In order to avoid litigation, you’ll be asked in changing your name, signs, labels, website, packaging, and spend more money on the marketing on the new identity of the business. If you conduct a trademark search prior to the use of any mark, then you will most definitely avoid time-consuming and costly branding issues.
At AWALNUT IPR, our trademark attorney conducts a systematic trademark search in order to avoid any future suit/s for infringement for similar marks.
Trade mark protection is territorial and to register a trade mark it is necessary to apply for a trade mark registration in each country or territory, by filing a trade mark application with the official body responsible for granting intellectual property rights in the particular territory of interest.
We provide a full trade mark filing service, [including foreign trademark filings via a network of trusted overseas firms] and we will assist in preparing the trade mark applications to ensure that they meet all the requirements.
Once your trade mark application has been filed at the trademark office of particular country, it will be examined to determine whether or not it meets all the requirements of the law. If the requirements are met, your application will be accepted for registration and published for opposition purposes in the Trade Marks Journal. If no oppositions are filed (or the application is not successfully opposed in its entirety), your application will proceed to grant and a certificate of registration will be issued. We do provide required assistance and advice at each stage of the trade mark prosecution process.
All issued trademarks are subject to maintenance/renewal fees which must be paid to keep the trademark in force. Our TM maintenance services help ensure that your IP rights are not at risk of loss and are aligned with your evolving business.
Changes in ownership, corporate mergers and other situations have many secondary and tertiary effects on organizations and their assets including IP rights. If the handover of IP is not recorded with proper authorities, the lapse can result in a loss of legal protections for the trademarks/IP rights in question.
Our attorneys at AWALNUT IPR ensure all applications pertaining to your trademark such as mergers and acquisitions, changes in mark ownership and changes in address, are unmistakably documented and recorded on all relevant registers, including international customs departments.
A trademark registration is a positive step toward protecting your intellectual property. What if another trademark owner believes its trademarks would be damaged by your registration? The owner can file an opposition to stop the registration or a cancellation proceeding within the prescribed time after a registration of TM.
AWALNUT IPR offers you client-centric solutions in case of trademark oppositions and devising appeal strategies against any TM registration oppositions. an opposition or cancellation proceeding can be part of a larger strategy or a broader dispute between two trademark adversaries, or even a multinational effort to protect a flagship brand. We take a measured but direct approach and tailor our tactics to not just the administrative proceeding before the Trademark Trial and Appeal Board, but also to the overall strategy and the client's business objectives.
Trademark infringement is an unauthorized use of a trademark or service mark on or in connection with goods and/or services in a manner that is likely to cause confusion, deception, or mistake about the source of the goods and/or services.
A trademark owner who believes its mark is being infringed may file a civil action (i.e., lawsuit) against an infringer in either state court or federal court for trademark infringement, depending on the circumstances.
Trademark infringement Litigation essentially involves any issue, matter, or dispute relating to trademarks. We at AWALNUT IPR provide our clients the strategic counselling and litigation assistance in cases of trademark infringement and unfair competitive practices. Our litigation workforce ensues aggressive and masterful litigation tactics.