Certificate Course in Trademark Licensing, Prosecution and Litigation

BY
LawSikho

Learn the entire trademark-related strategic work with a Certificate Course in Trademark Licensing, Prosecution and Litigation by LawSikho

Mode

Online

Duration

3 Months

Fees

₹ 15000

Inclusive of GST

Quick Facts

particular details
Medium of instructions English
Mode of learning Self study, Virtual Classroom
Mode of Delivery Video and Text Based
Learning efforts 6-8 Hours Per Week

Course overview

The Certificate Course in Trademark Licensing, Prosecution and Litigation duration is 3 months. The Students will learn the strategic trademark selection, portfolio for trademark creation, disputes, assignments and licensing agreements. The course is designed for the students to get trained in different kinds of actual work which is performed by lawyers and other professionals. 

Candidates will gain hands-on practical lessons in drafting a lot of documents and handling the trademark registration process right from the trademark search, and application including handling objections. The Certificate Course in Trademark Licensing, Prosecution and Litigation by LawSikho offers a comprehensive curriculum that includes an overview of trademarks, registration, monetisation techniques, contracts and case studies.

The highlights

  • 1 Online Live Class/Week
  • 3 Writing Assignment 
  • 2 Practical/Drafting Exercises Per Week
  • One-On-One Session With Mentors
  • Digital Access to Entire Study Material 
  • Training for Writing and Publishing Articles
  • Certificate Co-Branded by NSDC and Skill India
  • Top students are Recommended to Law Firms/Companies

Program offerings

  • Cv enhancement
  • Doubt clearing within 24 hours
  • Placement assistance
  • Internship and job support
  • Interview preparation guidance
  • Access to online content for 3 years
  • Internship & job support

Course and certificate fees

Fees information
₹ 15,000  (Inclusive of GST)

The Certificate Course in Trademark Licensing, Prosecution and Litigation fee is Rs 15,000 for the standard access and for the master access, it is Rs 2,00,000 including all taxes and charges. Students can also pay the course fee in instalments.

Certificate Course in Trademark Licensing, Prosecution and Litigation Fee Structure

Certification Course 

Fees 

Certificate Course in Trademark Licensing, Prosecution and Litigation (Standard Access)

Rs 15,000

Certificate Course in Trademark Licensing, Prosecution and Litigation (Master Access)

Rs 2,00,000 

certificate availability

Yes

certificate providing authority

National Skill Development Corporation +1 more

Who it is for

The Certificate Course in Trademark Licensing, Prosecution and Litigation is designed for aspiring law students, and working professionals to develop their skills and knowledge. This course is also beneficial for:

Eligibility criteria

Certification Qualifying Details

Upon the completion of all the exercises and writing assignments, candidates will receive a certificate co-branded by NSDC and Skill India. The certificates (hard copy) will be sent to their provided address via courier.

What you will learn

Upon the completion of the Certificate Course in Trademark Licensing, Prosecution and Litigation syllabus, the students will gain a deep understanding of strategic works related to trademarks such as creating portfolios, selection and handling the trademark registration process. They will also learn to work on assignments, licensing agreements, and trademark disputes.

The participants will also learn to create or assess trademark strategies for a business after completing the Certificate Course in Trademark Licensing, Prosecution and Litigation training. They will also explore the calculation of the damages of trademark infringement, learn how to enforce trademarks and gain in-depth knowledge of commercial aspects of trademark transactions.

The syllabus

Overview of Trademarks

Introduction to Intellectual Property
  • Introduction and types of intellectual property with examples
  • Significance of IP in the global economy
  • Relevant provisions of the statute and rules
  • Key regulatory bodies you must be aware of
  • Types of legal work in connection with intellectual property
Trademark Selection and Strategy Insights
  • What to keep in mind when you create your own brand, logo, tunes and trade dress
  • Should your brand name be the same as company name?
  • Types of registrable marks
  • Categories of marks (from generic, descriptive, suggestive, arbitrary and fanciful) and their relevance for trademark selection strategy
  • Common objections from the Registry
  • Criteria for creation of a ‘strong’ mark
  • Non-conventional marks in India
  • Strategic benefits of series and certification marks
  • Benefits of building a trademark portfolio
  • How to maintain a dashboard for your trademarks portfolio
Trademark Search and Classification
  • How to conduct trademark search
  • How to determine appropriate classes for registration
  • Advantages of selection of accurate classes in registration process and infringement litigation
  • How to create and maintain a dashboard for your trademark watch
Introduction to Trade dress
  • Understand the concept of trade dress
  • Understand trade dress protection in India visavis in the U.S
  • Learn about certain judgements related to trade dress
An overview of Well known trademarks
  • Understand the meaning of a well-known mark and the special protection granted to them;
  • Know about the methods of securing the status of a well-known mark;
  • Get familiar with the factors considered and not considered by the court in determining a trademark as well-known

Registration and Protection of Trademarks

Step-by-Step Trademark Registration in India
  • Filling up and filing of registration application
  • Grounds for refusal of registration of trademarks
  • Response to Examination Reports
  • Objections under Sections 9 and 11
  • Pre-publication objection
  • Response to objections by trademark applicant
  • Notice of Opposition and response
  • User Affidavit
  • Affidavits under Rules 45/ 46/ 47
  • Registration of non-conventional trademarks
International Trademark Registration Process
  • International Trademark Registration Steps for Madrid Protocol signatory countries
  • How to strategize registration process in non-Madrid protocol signatory countries
  • Sample documents: Sample trademark filings for Madrid Protocol signatory countries
Step-by-step Trademark Prosecution
  • How to draft and file an application for registration
  • How to access and respond to an Examination Report
  • How to deal with objections under Sections 9 and 11
  • How to file a prepublication objection
  • Response to objections by trademark applicant
  • How to draft a cease and desist notice
  • How to draft a Notice of Opposition
  • How to draft a response to notice of opposition
  • How to prepare a User Affidavit
  • Grounds for refusal of registration of Trademarks
  • Sample documents: Registration Forms for different types of trademarks
  • Sample documents: Sample template for objection under Section 9
  • Sample document: Sample Petition for Response to Objections
  • Sample document: Sample Notice of Opposition
  • Sample document: Sample Reply to Notice of Opposition
  • Sample document: Sample User Affidavit
  • Sample document: Sample Affidavit under Rules 45/ 46/ 47
Appeal, Review, Rectification, and Cancellation of Trademark Registration
  • Procedure for filing for review petition before Trade Marks Registry
  • How to draft a review petition
  • Procedure for filing rectification petition before Trade Marks Registry
  • How to draft a rectification petition
  • Procedure for filing cancellation petition before IPAB
  • How to draft a cancellation petition
  • Sample document: Sample Review Petition
  • Sample document: Sample Rectification Petition
  • Sample documnet: Sample Cancellation Petition
How to register non-conventional trademarks in India
  • Types of nonconventional trademarks
  • Understand the procedure of registration of non-conventional trademarks. 
  • Learn about the protection of such marks through infringement and passing off doctrine

Trademark Monetisation Techniques, Contracts and Case Studies

Methods of Commercial Exploitation of Trademarks
  • Types of trademark licensing
  • What to watch out for in licensing and franchising agreements
  • Legal compliances around licensing, franchising and assignment
Drafting and Negotiating Franchising and Licensing Agreements
  • Licensing and Franchising: Concepts
  • Key clauses of Licensing and Franchising Agreements
  • Obligations specific to Franchising Agreements
  • Essentials of good contract drafting
  • Sample document: Sample Assignment Agreement
  • Sample documnet: Sample Licensing Agreement
  • Sample documnet: Sample Franchising Agreement
Drafting and Negotiating Merchandising Agreements
  • Key concepts of merchandising
  • Concept of character merchandising
  • How to draft a merchandising agreement
  • Unique clauses for character merchandising agreements
  • Sample document: Sample Merchandising Agreement
  • Sample document: Sample Character Merchandising Agreement
Should Mickey Mouse be copyrighted or trademarked?
  • Benefits of registration of copyright on a creative work
  • Can a fictional animated character be registered as a trademark?
  • Can it be registered as both copyright and trademark?
  • Comparative analysis of pros and cons between registering Mickey Mouse as copyright and trademark
Taj Hotel Building Trademark Case Study: Interface between trademarks, copyrights, patents and designs
  • Can a building be registered as a trademark?
  • Can the builder still make similar buildings?
  • Can trademark or copyright prevent a painter from making a painting of the building?
  • Can the building be photographed?
  • How to deal with 3D souvenirs of the building?
  • Protection of new construction methods/ process

Trademark Infringment and Litigation Process

Trademark Infringement and Litigation Strategy
  • How to conduct a trademark watch to identify infringement
  • Opposition to trademark claims
  • Enforcement of trademark: domestic and international
  • Defenses to Trademark Infringement
  • When to opt for criminal prosecution
  • Groundless threat proceedings
  • Remedies for cross-border infringement of trademarks
  • Exceptions to infringement, trademark of personal names, honest and concurrent use, prior user etc.
Criteria for filing passing off and infringement
  • Learn about the difference between infringement and passing off
  • Learn about the acts which fall under the ambit of infringement
  • Learn about trademark disparagement
  • Learn about the acts which are considered as passing off
What are the exceptions to trademark infringement?
  • Understand the limitations of a registered trademark 
  • Learn about certain acts which do not amount to infringement
  • Learn about the tribunal’s power to cancel or vary registration and to rectify the register of trademarks
Cease and desist notice for trademark infringement
  • Understand the meaning, purpose and advantages of a cease and desist notice with reference to trademark infringement
  • Understand the procedure, legality, and claims of a cease and desist notice;
  • Learn how to draft an effective cease and desist notice and response to a cease and desist notice
How to prove infringement/passing off on facts
  • How to establish similarity with the other mark 
  • How to establish likelihood of confusion
  • What should be done if you lose?
  • Sample Documents:
    • Sample Infringement/ Passing off Petition
    • Application for temporary injunction
Trademark infringement through the use of meta tags
  • Understand what metatags are and how they are used.
  • Identify when there can be liability for trademark infringement or passingoff for the wrongful use of a metatag
  • Understand the doctrine of initial interest confusion & its exceptions
  • Identify when an intermediary may be held liable for infringement action through the use of metatags.
Intellectual property appellate board
  • Learn about the intellectual property appellate board and its jurisdiction
  • Understand the role of the appellant and the respondent while filing an appeal
  • Understand the procedure of filing an appeal before IPAB
  • Learn about the nature of orders passed by IPAB and remedies against such orders
  • Know about some of the cases filed in IPAB and the judgements passed by the body
  • Sample Document
    • Sample Appeal Petition before Intellectual Property Appellate Board (IPAB)
IPR litigation under the commercial courts Act
  • Know about the purpose and framework of the Commercial Courts Act, 2015
  • Learn about the requirements, constitution, and jurisdiction of commercial courts
  • Understand the court proceedings, available remedies, and alternatives therein, with respect to disputes related to Intellectual Property Rights

Trademark Infringement in Cyberspace

How to deal with domain name disputes and cybersquatting
  • Introduction to domain name disputes and cybersquatting
  • Actions to be taken to address domain name disputes
  • How to approach Indian courts for orders
  • Takedown notice to an offshore registrar
  • Uniform Dispute Resolution Policy (UDRP) process under Internet Corporation for Assigned Names and Numbers (ICANN)
  • .IN Domain Name Dispute Resolution Policy (INDRP)
Google ad policies and IP tips for brand-owners and marketers
  • Concept of Google ad policies
  • What action can be taken if third-party ads are being shown as sponsored links for keywords?
  • Circumstances when an advertiser or marketer can use trademarked words
  • Action points for brand-owners and consultants
Takedown notices on grounds of trademark infringement and passing off
  • Who can issue a takedown notice
  • When to issue a takedown notice
  • How to draft a takedown notice
  • Timeline
  • How to draft a response to a takedown notice
  • Sample document: Sample Takedown Notice
  • Sample document: Sample Response to Takedown Notice

Admission details

Students can join the Certificate Course in Trademark Licensing, Prosecution and Litigation classes by following the below-mentioned steps: 

Step 1: Browse the link mentioned below:

https://lawsikho.com/course/certificate-course-in-trademark-licensing-prosecution-and-litigation

Step 2: Candidates must click on the “Enroll Now” button, add the necessary information, click on the “Proceed for Plan and Payment” and pay the course fee and submit.

Evaluation process

Participants must complete all the assignments and exercises and must qualify for the MCQ test. They can take an online MCQ test through the Learning Management System in one sitting.

How it helps

The Certificate Course in Trademark Licensing, Prosecution and Litigation benefits include:

  • The online Certificate Course in Trademark Licensing, Prosecution and Litigation offers 1 online live class, 2 practical and drafting exercises per week, 3 assignments, live doubt-clearing support, and one-on-one sessions with mentors. 
  • Students will also receive assistance with CV enhancement, interview preparation, networking with other students and alumni, and support for internships and job opportunities.
  • Participants will also get the opportunity to access the digital study material content for 3 years via LMS, Android, and iOS apps.

FAQs

How long is the Certificate Course in Trademark Licensing, Prosecution and Litigation training?

The certification course duration is 3 months. The certificate programme offers in-depth knowledge of the trademark and all the other aspects related to it.

What are the timings of the online Certificate Course in Trademark Licensing, Prosecution and Litigation?

The timings of the course classes are Weekdays from 8:00 pm - 10:00 pm, Saturdays from 7:00 pm - 10:00 pm IST and Sundays from 10:00 am - 8:00 pm IST.

Who are the potential employers for the Certificate Course in Trademark Licensing, Prosecution and Litigation?

The potential employers for this course are Law Firms, Boutique TMT Firms, Technology Companies, LPOs, Consultancy Firms, Advertising Agencies, Heavy Advertisers (FMCG), Think Tanks, Independent Litigators and MNCs.

How will students clarify their doubts regarding the online Certificate Course in Trademark Licensing, Prosecution and Litigation?

Students can clear their doubts during the live classes, they can ask questions, share screens and can also receive personal feedback. They will also get feedback on assignments or want career advice by scheduling a private one-on-one call.

Do students are required to maintain a minimum attendance for Certificate Course in Trademark Licensing, Prosecution and Litigation?

No, but they are recommended to attend the classes regularly as there will be online weekly classrooms for 1.5-3 hours. Students will get expert feedback on their assignments.

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