WEIPR Assisted Client in Overcoming Trademark Examination Challenges in India

Abstract:In 2012, our firm was entrusted by a client to handle the trademark application in India on their behalf. During the progression, we received a trademark examination opinion notification from the Indian authorities. The notification st...

In 2012, our firm was entrusted by a client to handle the trademark application in India on their behalf. During the progression, we received a trademark examination opinion notification from the Indian authorities. The notification stated that the applied-for trademark lacked distinctive features and described the characteristics of the designated goods.

In response to the examination opinion, our firm promptly organized a professional team to conduct in-depth discussions and had thorough communications with the client. After a detailed analysis, we discovered that the client had previously successfully registered the same trademark in India. In light of this, we decided to construct a reply framework based on this fact and collected evidence of the trademark's actual use in the Indian market, aiming to prove its market influence and distinctiveness.

Based on past experience, when dealing with similar examination opinions, the Indian authorities usually consider the responses and supplementary materials submitted by applicants, and many cases have been approved and ultimately registered successfully after appropriate responses. Therefore, based on thorough preparations, we submitted detailed and targeted response materials.

During the subsequent hearing procedure, our representatives won the recognition of the Indian authorities with solid evidence and rigorous logical arguments. Ultimately, the client's trademark was successfully registered, providing a solid legal guarantee for their business expansion in the Indian market.

The successful handling of this case not only demonstrates our firm's professional expertise and rich experience in the field of trademark agency but also further consolidates our commitment to providing clients with professional and efficient intellectual property services.

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