M S Sulthan Legal Associates

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Kozhikode, Kochi and New Delhi+91 98479 80019[email protected]
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Trademark and intellectual property lawyers in India

A brand is usually a business's most valuable asset and its least protected one. We clear, register and defend trademarks, designs and copyright, in India and abroad, and act when someone copies them.

Offices in Kozhikode, Kochi and New Delhi. Meetings in person or by video call.

Book a ConsultationWhatsApp the office

The challenge

Most trademark trouble starts with a name chosen before anyone searched the register. The application meets an objection, an older user opposes it, or a competitor registers something close enough to block expansion.

Deadlines in the Trade Marks Registry are short and strictly applied. A missed reply or opposition window can cost an application that took a year to build.

How we help

  • Search and clearanceRegister and market searches before you launch or file, with a written risk view.
  • Filing in India and abroadApplications in India and international filings through the Madrid Protocol.
  • Objections and hearingsReplies to examination reports and appearances at show-cause hearings.
  • Oppositions and rectificationFiling and defending oppositions, and rectification of conflicting registrations.
  • Copyright and designsRegistration of software, artistic works and industrial designs.
  • Infringement and passing offNotices, injunction suits and settlement against copying.

Forums and jurisdictions

Trade Marks RegistryExamination, hearings and oppositions
Copyright OfficeRegistration of literary, artistic and software works
Patent OfficeIndustrial design registration and cancellation
High Courts and commercial courtsInfringement and passing-off actions

Questions clients ask

How long does trademark registration take in India?

An application that meets no objection or opposition can be registered in about a year. Applications that draw an objection or opposition take longer, depending on hearings.

How long do I have to reply to an examination report?

The reply is due within one month of receiving the examination report. If no reply is filed, the application may be treated as abandoned.

Can I use the ® symbol before registration?

No. The ™ mark can be used at any time, but ® may only be used once the mark is registered. Falsely representing a mark as registered is an offence under the Trade Marks Act, 1999.

How long is the opposition window after my mark is advertised?

Anyone may oppose within four months of the date the mark is advertised in the Trade Marks Journal. The period cannot be extended.

Can I protect my brand abroad with one application?

Yes, through the Madrid Protocol. An Indian application or registration can be the base for one international application designating many member countries, each of which then examines it under its own law.

Discuss your matter with us

A first consultation sets out where you stand, the realistic routes open to you and what each will involve.

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CONTACT

+919847980019

+91-4953552516

[email protected]

3rd Floor, HIS Centre, Kombara Junction, Near High Court of Kerala, Kochi, Kerala 682018

T1, G1001, HiLITE Business Park, Thondayad Bypass, Kozhikode, Kerala 673014

136/2, Rameshwar Nagar, Model Town, New Delhi 110033

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