Trade Mark Services:
- Trademark Selection advice and strategy
- Trademark searches locally and internationally
- Filing and prosecuting Trade Mark and Service Mark applications before the Indian Trademarks Office
- Filing and prosecuting International Trade Mark and Service Mark applications under the Madrid Protocol before WIPO and in association with our foreign associates
- Filing response to provisional refusal of International Trademark applications.
- Trademark Journal watch services
- Post-registration services
- Portfolio Management
Trademark related appeal and litigations:
- Infringement and validity opinion
- Filing opposition, revocation, rectification and appeals before Appellate Board
- Filing criminal and civil suits for infringement and passing off, anti-counterfeit action before Court of Law.
- Prosecuting and defending civil suits for infringement and passing off, anti-counterfeit action before Court of Law.
- Customs & Border protection for Trademark
- Anti-piracy measures
- Anti-counterfeit actions
- Appeals from orders of the patent & trade mark office
Trademark related agreements:
- Assignment Agreement (with or without goodwill)
- Franchise Agreement
- Registered User Agreements – Licensing Agreement
- Distribution Agreements
Parker & Parker Co. LLP has one of the largest trademark prosecution and enforcement programs in the India. Our trademark agents and attorneys represent a complete spectrum of clients in trademark matters, ranging from billion dollar corporations to start-up companies. We represent a wide range of clients, from those in high technology and biotech industries to restaurants, cosmetic companies, bicycle companies and retail establishments. Our attorneys work with clients to select the most appropriate and strongest trademarks, trade names, and service marks. Our services include Indian and foreign registration of trademarks and service marks, all appropriate searches to determine priority and availability of these marks, and negotiation and drafting of licenses, assignments, and other agreements relating to these marks. If disputes arise in the India, our skilled trial attorneys represent clients in resolutions and all phases of litigation.
We have valued relationships with trademark firms and agents around the world selected for their proven ability to offer the most efficient and high-quality services. Our colleagues can be quickly mobilized to make emergency filings or address problems of infringement and piracy in virtually every jurisdiction. As a result, our trademark presence extends around the globe.
Our attorneys and paralegals actively monitor the global trends in trademark law and keep our clients informed with periodic updates. Trademark laws worldwide are ever-changing. Parker & Parker Co. LLP has developed strong working relationships with its foreign associates to ensure that international registrations, negotiations, and litigation are handled at the most competent, cost-effective level possible for our clients.
Parker & Parker Co. LLP's enforcement efforts include the use of watch services which provide comprehensive information on either a national or worldwide basis regarding potentially conflicting trademark applications. Also, as part of our ongoing trademark maintenance, we routinely review the Patent and Trademark Office Official Gazette for trademarks that may potentially conflict with our clients' marks. We also use private investigators to investigate potentially infringing trademarks and conduct periodic searches of the Internet for third parties who may be improperly using clients' trademarks. We also engage outside search agencies to conduct Internet searches for Web sites which contain infringing domain names or Web site content.
Upon discovery of infringing trademarks in the India or abroad, we provide our clients with an analysis of the infringement situation and options for taking action against such infringement. Such efforts may include research of the infringing third party, investigation into the scope and strength of their trademark rights, if any, and sending cease and desist letters to the infringing party outlining the client's trademark rights, the infringement situation and settlement options. We always seek to negotiate cost-effective resolutions that adequately protect the client's trademark interests while reducing, as much as possible, the level of consumer confusion which would result from the third party's use of a client's trademark. This may entail negotiation of a co-existence agreement between the respective parties based on geographic areas or consumer markets, a license allowing the third party to use the client's trademark, or complete cessation of use by the third party.
If we are unable to negotiate an amicable settlement of a trademark dispute, we can pursue a number of alternative avenues to protect our client's trademark rights, including initiation of opposition or cancellation proceedings against trademark applications and registrations, filing suite before various courts for trademark passing of and infringement, or filing domain name disputes with ICANN.