COMPREHENSIVE SEARCHING

An effective trademark search will enable you to detect potentially conflicting marks. Our searches cover not only the official database of the Trademark Registry but also the companies Registry’s records, as well as other relevant resources such as the internet, trade journals, domain searches, e-commerce portals, and directories.

FILING AND PROSECUTION OF TRADEMARK APPLICATION IN INDIA

Our approach is creative – we have a reputation for ‘thinking out of the box’ when it comes to reporting and responding to the examination reports issued during the prosecution of a trademark application in India.

TRADEMARK TRANSACTIONAL WORK

Trademarks play an important role in many commercial transactions, from mergers and acquisitions to franchising and licensing arrangements. We assist our clients in all aspects of transactional trademark work, from conducting due diligence exercises and IP audits to negotiating and drafting all relevant documentation including trademark licenses and assignments.

TRADEMARK ENFORCEMENT

We keep a regular watch for infringing activity so that our clients are in a position to take timely action. We also work with our clients to develop appropriate and cost-effective enforcement strategies. We have extensive trademark enforcement experience: we know our way around the local scene and are able to determine the most appropriate forum for each particular case.

OPPOSITIONS AND RECTIFICATIONS

We conduct regular searches of the trademark journals and bring to the attention of our clients any applications for the registration of conflicting marks. This gives them the opportunity to oppose registration within the prescribed period. We also regularly advise clients of relevant conflicting registrations so that they can, if they wish, take steps to seek cancellation of the trademark registration

Services we offer :

FILING AND PROSECUTION OF COPYRIGHT APPLICATIONS IN INDIA

There is a copyright registration system in India: although protection is not dependent on registration, it is advisable to register. We assist clients in securing registrations for their various copyright works e.g., artistic, literary, etc. We deal with any objections and requisitions that may be raised by the Copyright Office during examination of the application. Our approach is always creative, thinking ‘out of box’, so that we can achieve the best possible results for our clients.

Applications for copyright registration must be filed on Form XIV (which includes Statement of Particulars and Statement of Further Particulars) and must relate to one copyright work only. Every application must be signed by the applicant, who may be the author or an assignee, or an agent acting on their behalf.

Documents required

1. Where the applicant is not the author, the application must be accompanied by an original ‘No Objection Certificate’ signed by the author(s), clearly indicating (a) that he/she has no objection to registration in the name of the applicant(s); and (b) whether or not the author is a partner/ proprietor/ employee of the applicant.
2. In the case of a literary work: if the work has been published, one (1) copy of the published work; if it has not been published, two (2) copies of the unpublished work; must be filed with the application. In the case of an artistic work: two (2) copies of the artistic work, whether or not it has been published, must be enclosed.
3. Where the application is filed by an agent on behalf of the copyright owner, it must be accompanied by a Power of Attorney signed by the copyright owner and accepted by the agent.
4. The application must be accompanied by the prescribed fee by way of postal order or Demand Draft in favour of ‘Registrar of Copyrights’ payable at New Delhi.

COPYRIGHT TRANSACTIONAL WORK

Copyright transactional work plays an important role in generating revenue for the business/es/owners/creators. It mainly involves transfer or licensing of Copyright. Transfer of rights in Copyright work comprises selling of such a right to a third party and/or licensing which, of course, is a temporary transfer in lieu of royalty payments with ownership still vested with the author or creator of the Copyright work. All such transactional work is to be based on the written agreement between the parties as the Act prescribes such a mode for transfer of Copyright. We regularly assist our clients with drafting such agreements taking into account all parameters to comply with both the Contract and Copyright laws in India.

COPYRIGHT ENFORCEMENT

We keep a strict eye out for any misuse of our client’s Copyright works and promptly report any wrongdoing so that they can take an immediate action. We have an extensive experience in filing and prosecuting Copyright infringement actions both in civil and criminal courts, and advising clients on the appropriate judicial forum/s to seek redressal for their grievances.