Practice-areas

Practice Areas

What We Cover

Legal protection for trademarks

An individual or an entity selling products under a certain trademark is capable of gradually gaining exclusive rights over that trademark through usage. Nevertheless,the registration of trademark under the applicable intellectual property laws,is highly recommended to for stronger security and prevention from using that particular trademark. Trademarks can have virtually an infinite period of protection provided certain conditions like renewing trademark from time to time and taking action against infringers whenever spotted are met.

Trademark Application

Ensuring that the selected brand name or logo is not entered in the Trademark Registry India,the same can be registered. The first and foremost step in registration is to file a trademark application form at the Trademark Office,India. The Indian Trademark Offices are located at Chennai,Mumbai,Delhi, Ahmedabad and Kolkata. Mostly filing is done online. When the filing of application gets completed,an official receipt is immediately issued for future reference

Trademark publication

The Trademark Registration Procedure contains the trademark publication process so that anyone who objects to the registering of the trademark has the option to oppose the same. If no opposition follows the publication in 3-4 months the trademark proceeds for registration and if opposition occurs a fair hearing and registration by the registrar succeeds it.

Trademark Examination

Once the application is filed,the examiner will inspect for any discrepancies. The acceptance of the examiner might be absolute,conditional or object. Unconditional acceptance result in the publication of the trademark in the Trademark Journal. If there is no unconditional acceptance,the examination report consisting of objectives and conditions to be carried out,will be given along with a months time to fulfill the conditions or respond to the objections.

Copyright Protection

Copyright Act in 2012 are extension of copyright protection in the digital environment such as penalties for circumvention of technological protection measures and rights management information, and liability of internet service provider and introduction of statutory licenses for cover versions and broadcasting organizations; ensuring right to receive royalties for authors, and music composers, exclusive economic and moral rights to performers, equal membership rights in copyright societies for authors and other right owners and exception of copyrights for physically disabled to access any works.

Registration of a design

Registration of a design grants the owner an exclusive right (namely copyright) to use the design for the article under which it was registered. The right to sue the infringement of a registered design is conferred on the owner. This proves that registration of Design is indispensable for the protection of the Product Design. In addition to that an article must have its existence independent of the design facilitating the existence of the article without the design being applied to it.