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What is Trademark Prosecution and Litigation law practice?
The term ‘Trademark prosecution’ generally refers to the complete process of obtaining a trademark. It includes the series of interactions of the trademark lawyer with the officials of a trademarks office for the purpose of obtaining the trademark. Whereas ‘Trademark litigation’ is the process of defending a trademark and seeking legal remedies in case of infringement of the IP owner.
To be more specific, in many cases, a Trade mark is obtained by simply filing the requisite documents and application with the Indian Trade Marks Office. However, the trademark examination officer may raise objections in some cases – which then requires the law firm to ‘prosecute’ the trademark by providing appropriate evidences and if required, appealing to the Intellectual Property Appellate Board.
The primary regulatory frameworks governing trade marks in India are the Trade Marks Act 1999 and the Trade Marks Rules 2017. Guidelines, rules and circulars issued by the Trade Marks Office govern the procedural aspects of trade mark law in India. The process of Trademark filing prosecution can be classified under the following steps:
- Trademark Search
- Trademark Application
- Trademark Examination
- Trademark registration and publication in Trademark Journal
Due to the increasingly global nature of businesses and India’s participation as a signatory to various international treaties and conventions; the practice of Trademark practice and litigation is also becoming international in nature.
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Indian legal frameworks are influenced by international agreements and conventions such as:
- TRIPS convention
- WIPO Madrid Agreement Concerning the International Registration of Marks 1891
- WIPO Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks 1989
Considering the importance of trademarks in today’s online world; this area of practice has become extremely popular and lucrative – with a number of law firms focusing on Intellectual Property law in general and specialising in Trademark Prosecution and Litigation.
Best Law Firms for Trademark Prosecution and Litigation Practice Internship in 2021 for LLB Students
This list of best law firms is sorted in alphabetical order.
- Ajay Sahni & Associates – New Delhi
- ALG India Law Offices – New Delhi, Hyderabad
- Anand & Anand – New Delhi, Chennai, Mumbai, Noida
- Archer & Angel – New Delhi, Bengaluru, Mumbai, Hyderabad
- AZB & Partners – Mumbai, Bengaluru, Gurugram, New Delhi, Pune
- Chadha & Chadha IP – Bengaluru, Gurugram, Hyderabad, Kochi, Mumbai, New Delhi, Pune
- Chandrakant M Joshi – Mumbai, New Delhi, Kolkata, Chennai, Hyderabad, Ahmedabad
- Cyril Amarchand Mangaldas – Mumbai, Ahmedabad, Bengaluru, Chennai, Hyderabad, New Delhi
- De Penning & De Penning – New Delhi, Kolkata, Mumbai, Chennai
- Fidus Law Chambers – Noida
- Groverlaw – Delhi, Gurugram
- IndusLaw – Bengaluru, New Delhi, Hyderabad, Mumbai
- Inttl Advocare – Noida, Mumbai, New Delhi
- Ira Law – New Delhi
- K&S Partners – Gurugram, Bengaluru, Mumbai, Hyderabad, Chennai, New Delhi
- Khaitan & Co – Mumbai, Bengaluru, Kolkata, New Delhi, Noida
- Khurana & Khurana, Advocates & IP Attorneys – Noida, New Delhi, Bengaluru, Pune, Mumbai, Indore, Hyderabad, Jalandhar, Chennai
- Krishna & Saurastri Associates – Mumbai, Pune, New Delhi, Bengaluru, Ahmedabad, Chennai
- Lakshmikumaran & Sridharan – New Delhi, Ahmedabad, Allahabad, Bengaluru, Chandigarh, Chennai, Gurugram, Hyderabad, Kolkata, Mumbai, Pune, Kochi, Jaipur
- Lall & Sethi – New Delhi
- LexOrbis – New Delhi, Mumbai, Bengaluru
- R K Dewan & Co – Mumbai, Pune, New Delhi, Chennai, Kolkata, Indore, Bengaluru
- Rahul Chaudhry & Partners – New Delhi, Gurugram
- Remfry & Sagar – Gurugram, Chennai, Bengaluru
- RNA Technology & IP Attorneys – Gurugram, Chennai
- Saikrishna & Associates – New Delhi, Noida, Mumbai
- Sim & San – Faridabad
- Singh & Singh Law Firm – New Delhi
- SS Rana & Co – New Delhi, Bengaluru, Chandigarh, Chennai, Kolkata, Mumbai, Noida
- ZeusIP Advocates – New Delhi