LPC

Who Needs This Service

Plaintiffs and defendants in trademark infringement or passing-off suits and parties to trademark oppositions who must prove the status of a mark need an LPC. Brand owners who plan to take legal action against infringers should keep the registration and renewal records up to date to obtain a clean LPC.

Law firms and in-house counsel use LPCs routinely in litigation.

If your mark has recently been assigned, renewed or modified, make sure the register reflects these changes before applying for an LPC.

Businesses unfamiliar with court procedure should ask their lawyer which documents are required.

Key Benefits

• Official evidence of the mark's status for court
• Application prepared with correct details
• Follow-up with the Registry
• Certificate ready for filing with the plaint
• Support for infringement and opposition cases

Next Steps & Related Services

After the LPC, file it in court.

Related services: TM Opposition, Trademark Evidence Filing, Trademark Renewal and Trademark Transfer.

Common Mistakes

• Applying before the register is updated.
• Using an outdated LPC in court.
• Not stating that an LPC has been applied for.
• Confusing LPC with the registration certificate.
• Using the wrong fee or form.

Timeline, Costs & Practical Tips

Processing time depends on the Registry.

Practical tip: apply early enough to have the certificate before the filing date.

Additional Information

The register of trade marks is the official record, and certificates from the Registry are used as evidence. The Delhi High Court's directions on documents to be filed in trademark suits make the LPC a practical requirement.

Practical Scenarios

Scenario 1:

A brand owner files an infringement suit and attaches an LPC.

Scenario 2:

A defendant obtains an LPC to show the status of its own mark.

Scenario 3:

A party in an opposition files an LPC to prove pending proceedings.

Practical Guidance

An LPC is a snapshot of a mark's status for a legal purpose, so timing matters. Apply close to the date you need to file, check that renewals and assignments are already recorded, and give the Registry accurate case details. If you are the defendant, an LPC for your own mark can be as useful as a plaintiff's.