Intellectual Property Lawyers in India
- Expert IP lawyers assist you get your trademark, Patent, Copyright or Design registered
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Areas of Expertise
Objection
Trademark, Copyright, patent, or design objections can arise due to various reasons, such as ownership issues, lack of novelty, similar IP in existence and functional aspects. Our IP lawyers offer a comprehensive solution to address these objections curating responses specific to your case. We conduct thorough research to identify the reasons for the objection and provide an appropriate solution.
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- Trademark Objection Services:
- 1. Trademark search and analysis
- 2. Responding to trademark objection/ examination reports
- 3. Drafting and filing responses to objections raised by the trademark office
- 4. Negotiating with the trademark office or other parties to overcome objections
- 5. Filing amendments and providing advisory as to the best way to overcome objections.
- Copyright Objection Services:
- 1. Copyright discrepancy clearance
- 2. Responding to copyright objections/examination reports/discrepancy letters
- 3. Drafting and filing responses to objections raised by the copyright office or third parties
- 4. Negotiating with the copyright office or other parties to overcome objections.
- Patent Objection Services:
- 1. Responding to patent office first examination report
- 2. Drafting and filing responses to objections raised by the patent office or third parties
- 3. Negotiating with the patent office or other parties to overcome objections
- 4. Drafting and filing amendments to the patent specification in order to overcome the objections.
- Design Objection Services:
- 1. Design search and analysis
- 2. Responding to design office actions
- 3. Drafting and filing responses to objections raised by the design office or third parties
- 4. Negotiating with the design office or other parties to overcome objections.
Hearing
Trademark, Copyright, patent, or design discrepancies are mostly resolved through hearing. The registrar may issue a notice directing the applicant to attend a hearing in front of the TLA (Trademark Law Authority) hearing board on a specified date to validate your points. It is crucial to have an experienced IP lawyer to attend copyright objections or hearings.
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- Trademark Hearing services
- Attend multiple show cause hearings before TM registry
- Argue objection on distinctiveness & similar trademarks in records
- Filing amendments and documents to increase the chances of winning
- Filing amendments and documents to increase the chances of winning
- Copyright Hearing services
- Respond to the Show cause notice
- Analyze the hearing order
- Collect and submit proofs for the hearing
- NOC preparation
- Report Copyright abuse
- Patent Hearing services
- Advisory by top Patent Agent with regards to technical amendments
- Presenting the argument on the uniqueness and novelty of the Patent
- Presenting the technical features along with the inventor
- Responding to the First Examination Report (FER) and Subsequent Examination Report (SER)
- Responding to the hearing notice
- Presenting the case during the Oral Hearing
- Design Hearing services
- Tailor made advice from top Design lawyer
- Detailed insights on the amendments and designs to be filed to win the case
- Analyse the objections and respond to the notice of hearing
- Do a through comparative analysis of the similar designs existing in record
- Arguing the objection raised by the patent office.
Opposition/Cancellation/Rectification
Receiving or filing a notice of opposition/rectification/cancellation for your copyright, patent, or trademark is a serious matter. It involves a separate legal process where third parties challenge the acceptance or registration or grant of copyrights, patents, or designs. Our senior IP lawyers are well-equipped to deal with this scenario and can assist you in initiating or responding to trademark or patent oppositions.
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- Trademark Opposition services
- Detailed advisory by IP lawyers on the litigation process
- Drafting and filing an opposition globally in case of trademark misuse
- File a Counter- statement to a trademark opposition filed against you
- Our lawyers will collect evidence and file affidavits supporting your legitimacy
- Attend hearing and arguing the uniqueness and non similarity of the Trademarks.
- Copyright Rectification services
- Senior Copyright lawyers will provide you with the perfect Strategy against the infringement
- Drafting and Filing a copyright rectification on your behalf
- Advisory as to the grounds for filing a copyright rectification against infringement
- Prepare and file all the required essential evidence and documents
- Attending Hearing before the Copyright Office
- Argue the uniqueness and non similarity of the work with the Opposer
- Follow-up with the Copyright Office.
- Patent Oppositionservics
- Patent infringement report if required to have a threat analysis
- Draft and file Pre and Post-grant opposition against infringing patents
- Advisory on the best way to tackle the opposition and the similarity claims
- Respond to Patent opposition with detailed technical & legal arguments
- Presenting & arguing the case before the Controller General of Patents
- Attend and argue the uniqueness of the Patent before the Patent Officer.
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- Design Rectification services
- Get insights from top design lawyer for initiating proceedings against infringement
- Filing petition for design rectification or filling a counter for design rectification
- Drafting and collating evidence for case argument
- Attend and argue the non-similarity of the Design before the Patent Officer.
Legal Notice
A Legal Notice holds significant importance when it comes to intellectual property rights, encompassing copyright, patent, and design protections. It stands as a pivotal initial step in addressing potential infringements or violations of these rights. Our team of IP lawyers will help you handle legal notices and initiate the required actions.
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- Trademark Legal Notice services
- Drafting and sending legal notices to entities who:
- Have applied for a similar brand name for identical nature of business
- Have applied for an identical brand name for different nature of business to prevent any overlap
- Are engaged in a related business and you intent to enter into settlement
- Have created counterfeit of one’s products
- Starts using the same/similar trademark and is a result of a family dispute
- Discussion with a trademark lawyer regarding the nature of trademark Violation
- Clear insights on the best course of action
- Collect evidence of the oldest prior user of the brand name, first instance of trademark rights and violation
- Send a legal notice to the other party with threat to stop illegal use
- Demand the pay for all the damages
- Reply to any counter egal notice provides support for negotiation or litigation.
- Copyright Legal Notice services
- Detailed advisory with a copyright lawyer to fight the case against the infringer
- Analyse copyright misuse and violations all across the world
- Collect evidence on the Copyright violation
- Send a Legal notice  or reply to a copyright violation notice
- Argue the misuse of Copyright in front of the board.
- Patent Legal Notice services
- Clear Advisory from expert Patent lawyers on Patent misuse
- Insights on legal & technical aspect of the violations
- Analyse Patent misuse and violation globally
- Collect evidence and documents for Patent infringement
- Send a legal notice or reply to a legal notice for immediate action.
- Design Legal Notice services
- Consultation from expert design lawyers on misuse and impending legal process
- Collect evidence of the latest use of the design name and first instance of violation
- Issue a legal notice to stop further use of the design
- Demand an explanation for the Design violation
- Analyse and respond to the received legal notice
- Initiate the required litigation actions as per the need.
Due Diligence
Due diligence in the context of IP involves conducting comprehensive research and assessment to verify the authenticity, ownership, and validity of copyrights, patents, or designs before acquisition, transfer, or litigation. Patents, trademarks, copyrights, trade secrets, designs, and other proprietary information are assessed through document reviews and interviews. Our senior IP lawyer will guide you through the process.
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- Trademark Due Diligence servicesSearch the Indian Trademark Registry thoroughly for conflicting trademarks
- Verify trademark ownership and associated registrations
- Assess the proposed trademark’s strength in the market
- Ensure compliance with Indian trademark laws
- Identify potential liabilities like ongoing litigations or conflicting rights
- Review all pertinent trademark-related documentation
- Compile a concise report with findings and legal strategies
- Recommend actions to resolve conflicts or strengthen the legal standing
- Execute post-diligence actions promptly for legal compliance and protection.
- Copyright Due Diligence services
- Review all copyrighted works involved, including various content types
- Advice what are the different works that can be copyrighted
- Verify ownership and validity of copyrights through certificates and agreements
- Assess licenses and agreements for compliance and legitimacy
- Identify potential infringement risks and ongoing litigations
- Ensure compliance with Indian copyright laws and requirements
- Examine all relevant documentation thoroughly
- Conduct a detailed risk analysis and generate a report
- Offer actionable recommendations for risk mitigation and conflict resolution
- Implement necessary actions to safeguard copyright interests effectively.
- Patent Due Diligence services
- Identify protected and protectable subject matters under patent laws
- Analyze the status of patent rights over the subject matter
- Validate territorial applicability and terms for patent validity
- Assess third-party claims on the involved patent rights
- Verify the origin and ownership of the patent rights
- Check for conflicts with third-party intellectual property rights.
- Design Due Diligence services
- Identify the designs that are potentially safeguarded by design laws
- Evaluate the current status of rights associated with the designs in question
- Confirm the territorial scope and conditions for the validity of these designs
- Examine claims made by third parties concerning the rights linked to these designs
- Authenticate the source and ownership of the rights pertaining to these designs
- Investigate potential conflicts with third-party intellectual property rights.
- Business Due Diligence
- Gather extensive data on finances, legalities, and operations
- Analyse all the financial records rigorouslyScrutinise legal documents for compliance
- Evaluate operational aspects and risks
- Assess market position and competition
- Review workforce and contracts
- identify and evaluate risks thoroughly
- Compile a comprehensive report with recommendations
- Provide actionable strategies for risk mitigation
- Utilise the report for informed decision-making in India.
Litigation
IP infringement refers to the unauthorised use, reproduction, or distribution of copyrighted works, patented inventions, or protected designs without permission, constituting a violation of intellectual property rights. Our team of experts will assist you in addressing IP infringement.
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- Trademark Litigation Services
- Complete pre-Litigation assessment
- Discovery of trademark infringement and evidence collection
- Sending legal notices for the infringer and analysing the counter statement
- Initiate litigation in District Courts, High Court or IP Division Bench
- Court hearings and argumentation support
- Mediation or settlement negotiation as per the damages
- Trial support from senior IP lawyers
- Copyright Litigation Services
- Conduct a thorough pre-litigation analysis to assess the copyright infringement
- Initiate the lawsuit by filing necessary legal documents in the appropriate court
- File pleadings and seek interim measures to address infringement concerns
- Gather evidence and conduct discovery to support the copyright infringement claim
- Present arguments and evidence during court hearings
- Explore mediation or settlement discussions for potential resolution
- Proceed to trial and await the court’s judgement based on presented evidence
- Consider an appeal process if dissatisfied with the court’s decision.
- Patent Litigation Services
- Sending a formal cease and desist letter to the alleged infringer
- Initiate legal action at the district court or High Court
- Collect pertinent evidence (documents, witness statements, expert opinions) to substantiate legal claims
- Seek interim relief like injunctions to halt infringement or maintain the status quo
- Present arguments and evidence during court hearings
- Support for mediation or settlement negotiations
- Claim Injunctions, Damages, Account of Profits, and Legal Fees or Seizure/Confiscation
- Pursue appeals if dissatisfied with the court’s decision.
- Design Litigation Services
- Conduct a comprehensive pre-litigation assessment
- Initiate legal action at the district court or high court
- Gather evidence and conduct discovery to substantiate the design infringement claim
- Present arguments and evidence during court hearings
- Explore mediation or settlement discussions for potential resolution
- Proceed to trial and await the court’s judgement based on the evidence presented
- Claim injunctions, damages, account of profits, and legal fees or confiscation
- Consider an appeal process if dissatisfied with the court’s decision
Frequently Asked Questions (FAQs)
The initial step is to conduct a comprehensive trademark search to ensure your chosen mark is unique and not already in use by someone else.
Not everything can be trademarked. Marks must be distinctive and not likely to cause confusion with existing trademarks. Descriptive or generic terms might not be eligible.
You'll need to provide details about your mark, the goods/services it covers, the basis for filing, and your intended use of the mark.
Yes, if your slogan is unique and serves as a source identifier for your products or services, it can be eligible for trademark protection.
If your application is rejected, you'll receive an office action detailing the issues. You can address these concerns and resubmit your application.
Even for local businesses, trademark registration can provide protection against potential future conflicts and expansion to other regions.
Yes, you can seek international protection through treaties like the Madrid Protocol, which streamlines the process of registering trademarks in multiple countries.
You're responsible for monitoring unauthorised use of your mark and taking legal action if infringement occurs. Regular renewals are also required to maintain the registration.