Trademark – Law & Practice (July 1 – July 30, 2023)

About Lawctopus Law School

With over 3500 students, 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.

For our various courses and webinar workshops, we have partnered with top law firms like Surana and Surana, Sujata Choudhari IP Attorneys, and industry bodies like the Delhi Management Association (DMA), NIPO, and PACT.

Lawctopus Law School’s (LLS’) 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 related internships.

THE COURSE OUTLINE

• an orientation session that explains how to make full use of the course
• rigorously researched reading resources
• recorded video lectures covering the length and breadth of trademark law and practice
• a discussion forum to resolve all your doubts
• assignments (both objective and essay-type)
• Whatsapp and email groups for constant communication
• four, 90-minute long live sessions which build upon the course material
• monthly webinars on related topics which are exclusive to our students

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.

THE COURSE STRUCTURE

Module I- Introduction to TradeMarks

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 II – 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 III- 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 IV- 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 V- Grounds of refusal of a Trademark

Once the trademark application is filed, it may be rejected by the Registrar of Trademarks. A trademark application for registration can be refused 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 VI- 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 VII– 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 VIII- 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 IX- 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 X- 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 XI- 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

Who is this course for?

• law student interested in IP laws and especially Trademarks laws
• practicing lawyer 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

Certificate: An e-certificate will be provided by Lawctopus Law School on successful completion of the course.

Mode of learning

• Completely online and self-paced
• Recorded video lectures
• Text-based modules and reading resources
• Online based forum for doubts
• 6 live webinars/sessions with Lawctopus’ team and subject experts

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
• Internship positions for best-performing students with Lawctopus’ partner organizations
• Ad-hoc paid assignments
• Publication opportunities for best-performing students