Intellectual Property

We offer the entire gamut of IP services including filing of applications, prosecution, litigation, drafting of IP agreements, etc. We have organized and conducted civil and criminal raids upon infringers and counterfeiters. We provide registration, prosecution and litigation services relating to trade mark, copyright and design. Our team is well experienced in drafting, reviewing and advising clients on all kinds of IP related Agreements including licensing and assignments.

Trade Mark

We have a rich experience and assist clients in protecting trade marks,

  • right from registration to prosecution and litigation.
  • advising clients on selection of a trade mark, managing, protecting and prosecution of trade marks,
  • assignment and licensing of trade marks,
  • franchising,
  • representing clients before the Trade Mark Registry and High Court,
  • filing oppositions and cancellations, etc.

A trade mark is a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others. A mark can be a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging or combination of colours or any combination thereof.

The Trade Mark Law in India is codified and is well developed and compliant with its obligations under TRIPS. It has expanded the definition of a trade mark to include shape of goods, packaging and combination of colour. It has also introduced the concept of Well Known trade mark. The term of registration of a trade mark has been increased to 10 years.

The concept of transborder reputation has been recognized by Indian courts since several years.

Copyright

We assist clients in

  • filing applications for registration of their copyright,
  • prosecution,
  • advising on assignment and purchase,
  • representing them before the Copyright Office and Board
  • Enforcement both civil and criminal

Copyright protects original literary, dramatic, musical and artistic works; Cinematographic films and Sound recordings. Computer programs, databases, choreographic work, paintings, sculptures, drawings, engravings, photographs, are some of the works that are protected by Copyright.

It is necessary that the author should have expended sufficient skill, labour and capital in creating the work. It is not necessary that the work should be new or novel since there can be no copyright in an idea and any person can produce the same result independently but it could be original. Copyright protects the form of how an idea is expressed and not the idea itself. Though registration is not compulsory, it is however, advisable to do so.

Design

We represent several clients from different industries.

We offer clients a complete solution for

  • filing and registration of their designs,
  • enforcement of their rights, as and when required,
  • assignment and licensing of their design rights.

A design means the features of shape, configuration, patterns or ornament applied to any article by any industrial process or means which in the finished article appeal to and are judged solely by the eye. It, however, does not include any mode or principle of construction or anything which is in substance a mere mechanical device.

A design, to be registrable, should be new and original. If it lacks novelty and originality it cannot be registered. Novelty would be lost if it has been disclosed to the public anywhere in India or in any other country. Original, in relation to a design, means originating from the author of such design. Examples of what can be registered as a design are unique chair designs, fashion garments, household articles, jewellery designs, etc.

Patent

We can assist clients in protecting their Patent rights from being infringed and taking legal action against infringers.

Invention means any new and useful art, process, method or manner of manufacture; machine, apparatus or other article; substance produced by manufacture, and includes any new and useful improvement of any of them.

IP Litigation

Our team has vast expertise in enforcement of trade mark, copyright, design and patent rights. We have vast experience in IP litigation and have represented clients across various industry in respect of IP matters

We have filed innumerable cases and have obtained ad-interim and interim orders from the High Court against infringers. We have also been highly successful in obtaining orders for search and seizure, conducting raids and seizing infringing products.