Trademark & Copyright Laws
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OVERVIEW
We offer comprehensive legal services in Copyright and Trademark matters, catering to a diverse clientele that includes small and medium-sized enterprises as well as startups spanning various industries.
Trademark law in India is well-settled and offers a robust protection and enforcement regime for rights holders. India operates as a first-to-use jurisdiction, giving priority to those who have used a trademark over those who have merely registered it. Additionally, trademarks can be registered in India based on an intention to use, even without actual usage.
India is a signatory to the Madrid Protocol, which allows rights holders to safeguard their trademarks across multiple countries with a single application, simplifying international trademark protection.
The country boasts five Trademark Offices, situated in Ahmedabad, Chennai, Delhi, Kolkata, and Mumbai, respectively. These offices play a crucial role in administering trademark registration and enforcement across different regions in India.
The Firm offers a comprehensive range of services encompassing Brand Development, Protection, Enforcement, and Commercialization.
BRAND DEVELOPMENT AND STRATEGY
Navigating the intricate landscape of the Indian market during brand selection and launch is riddled with unique challenges. Conducting a thorough legal risk assessment through a comprehensive Search is imperative. Our services go beyond a mere Trademark search, providing clients with in-depth insights into potential risks. We continue to play a strategic advisory role throughout the brand’s journey.
PROTECTION
We understand that the filing and registration process form the fundamental bedrock for robust brand protection. Brand owners must adopt a strategic approach to ensure comprehensive protection within a dynamic market. With a proven track record, we have successfully shielded leading global brands in India while also safeguarding Indian brands on the global stage.
ENFORCEMENT
Effectively enforcing intellectual property rights in the diverse Indian market necessitates creative, practical solutions grounded in a deep understanding of both the market and legal intricacies. We craft optimal strategies, leveraging a diverse toolbox to address a wide range of issues, including counterfeiting, parallel imports, trade dress claims, disparagement, and more.
COMMERCIALIZATION
Brands constitute a substantial portion of the intangible assets of prominent organizations. Our expertise lies in unlocking the value of these brands and other intellectual properties through various mechanisms such as licensing, franchising, mortgage, and more.
COPYRIGHT
Our comprehensive array of services encompasses copyright prosecution and registration, licensing and assignment, contract negotiation and drafting, due diligence, clearances, regulatory compliance, dispute resolution, and enforcement. In addition to these services, we have established specialized teams catering to the specific needs of sectors such as Arts and Antiquities, Media and Entertainment, and IT and E-Commerce.