Trademark -Law & Practice

About Lawctopus Law School (LLS)

With over 20,000+ learners, including law students, academicians, industry professionals, lawyers, CAs, and business professionals, Lawctopus Law School has fast established itself as the place to be for online legal education in India.

LLS’ Online Certificate Course on Trademarks – Law and Practice

Trademarks are crucial for businesses, for brands, and form a core area of the practice of most intellectual property law firms. 

If you are a law student interested in IP laws and especially Trademarks laws or a practicing lawyer looking to start or get into the practice of Trademarks, this course is for you. Theoretically sound, and practically wholesome this course will tell you all you need to know to begin developing your interest, expertise, and practice in Trademark Law.

If you complete this course thoroughly, you will be on your way to starting your Trademark practice or ace any IP-related internships.

The Lawctopus team gets 100% behind its students, keeping them informed via regular emails, Whatsapp groups, and even phone calls (if you are lagging behind the assignments) and you can rest assured of excellent delivery of a quality course.

Course Structure

Module 1 – Introduction to Trade Marks

In this module, you will learn in-depth about the basics of Trademarks, the kinds of trademarks, distinctiveness, and the types of applications filed to protect the trademarks in India.

Module 2 – Clearance Search

In this module, we will be reading about ‘Clearance Search’. When a distinctive Mark has been selected, a trademark clearance search should be carried out to check if the mark is available for filing or not.

The trademark search will help in identifying the marks already registered and avoid the likelihood of confusion for the consumer related to the origin of the goods and/or services.

Module 3 – Registered and Unregistered Trademarks

In this module, we will be learning about the importance of the registration of Trademarks in India. We will also be looking at the concept of Passing off which can be used to enforce unregistered trademark rights.

Live Class – 1

90 Minutes of Practice-based Lecture and Doubt-Resolution

Module 4 – Trademark Registration Procedure

Module IV will teach you about the process of filing a trademark registration application. The module will help you learn about the required information while filing a Trademark application, the necessary documents, the classification of goods under Nice Classification, and why it is important to claim the use of a particular trademark.

Module 5 – Grounds of refusal of a Trademark

Once the trademark application is filed, it may be rejected by the Registrar of Trademarks. A trademark application can be refused registration on either absolute or relative grounds as provided under Sections 9 and 11 respectively.

We shall also be learning about the acquired distinctiveness of a trademark and what are some of the prohibited trademarks under the Trademark Act, 1999.

Module 6 – Examination of Trademark

Once the application is filed and when all formalities are in order, the TM application will be examined. Once examined, the Trademark Office will issue an examination report. The process of examination of a trademark and response to objections raised will be dealt with in this module.

Module 7 – Opposition

In this module, we will learn about trademark opposition. Once the application is scrutinized by the Examiner and he is of the opinion that the trademark can be registered, the application is advertised in the Trademark Journal. It is advertised to call for opposition (if any) from the general public. 

Live Class – 2

90 Minutes of Practice-based Lecture and Doubt-Resolution

Module 8 – Post-advertisement procedure

In this module, you will read more about what happens after a trademark application is advertised by the Trademark Office. This module will also deal with the renewal, restoration, and removal of a trademark. We shall also look into the assignment and licensing of the trademark.

Module 9 – Well known trademarks

In this module, we will be learning about the concept of “Well Known” Trademarks. This module will also give you an insight into the registration process of a well-known trademark, the advantages of a well-known trademark, and the prerequisites which are taken into consideration before a mark is declared as a well-known trademark.

Module 10 – Infringement

In this module, we will learn about how different types of infringement of trademark take place and what legal remedies are available to the owner of the trademark. This module will also explain what are the defenses available in the infringement action and the rights of the prior user of the trademark.

Module 11 – Customs Recordal and Madrid Protocol

In this module, we will read about registering a trademark with the Customs Department to prevent infringing imports. This module will also deal with trademarks as given under the Madrid Protocol.

Live Class – 3

90 Minutes of Practice-based Lecture and Doubt-Resolution

Practical Modules: See How Things Really Work!

• Practical Module 1: Real-life demonstration of conducting a Trademark Search
• Practical Module 2: How to File a Trademark Application
• Practical Module 3: Other TM Application Forms
• Practical Module 4: Handling Oppositions and Objections

Live Class – 4

90 Minutes of Practice-based Lecture and Doubt-Resolution

Faculty and Course Developers

HB Keshava Advocate HB Keshav is the Managing Attorney of Baskaran and Associates, an IPR advisory and practice firm based in Pune.

He’s a 2014 graduate of UPES Dehradun and has a BSc. in Cognitive Psychology from Annamalai University.

A teacher by passion, he has been a faculty at New Law College, Pune, and at Career Launcher, Chennai.

Akshay Ajaykumar is a 2016 graduate from NLU, Jodhpur.

He has worked as an Associate at ALG India Law Offices LLP (2016-2017) and L. R. Swami Co., Chennai (2018-2020).

He’s a popular blogger on Trademark laws on Linkedin and writes regularly on the current trends on Trademark Laws.

Prof. Amit Jyoti S. Gomber is an Assistant Professor at JGLS, Sonipat, and an Assistant Director with the Centre of IP and Technology Law.

Ms. Gomber graduated in law (gold medallist) from Panjab University in 2012 and completed her LLM degree in IP Law from George Washington University, USA.

Who is this course for?

• law students interested in IP laws and especially Trademarks laws
• practicing lawyers looking to start or get into the practice of Trademarks
• legal academicians who want to gain a practical understanding of Trademarks

Details for our Trademarks – Law and Practice Course

• Duration: 4 weeks
• Course fee: Rs. 7,000 – Rs. 3,999
• Certificate: Earn 2 certificates: one from Lawctopus Law School for the course, and second by our Partner Organisation Baskaran and Associates for the Internship Project

Life-time Access 

By purchasing this course, you are granted lifetime access.

Life-time access means that the course access will be available to you as long as the company continues to offer the course or remains in existence. In the event the course is discontinued or the company ceases operations, access to the course will no longer be available.

Mode of learning

• 4 live sessions of 90 minutes each to address all your doubts
• Regular reminders over a Whatsapp group and emails. A dedicated learning manager to support your learning journeys
• Screen-share videos that explain the practical aspects of TM law
• Completely online and self-paced. (The recordings of the live sessions is also available for those who miss the sessions)
• Recorded video lectures
• Highly practical and rigorously researched text-based modules
• Online-based forum for doubts
• Practical assignments and personal feedback

Add-On Benefits

• Get a certificate issued by Lawctopus on successful completion of the course
• Recorded lecture on CV making
• Recorded lecture on making it as a legal freelancer
• Earn 2 certificates: one from Lawctopus Law School for the course, and second by our Partner Organisation Baskaran and Associates for the Internship Project