To me, ideas are worth nothing unless executed. They are just a multiplier. Execution is worth millions – Steve Jobs
With the increasing entry of global entities into India and the growing awareness of intellectual property protection within India, not only is valuable intellectual property entering India but Indian companies are also enthused to protect their intellectual property assets. To improve and expand safeguards for intellectual property simultaneously with developments in commerce and trade, the industry, Government and the judiciary are increasingly working cohesively.
LexCounsel’s Intellectual Property Lawyers assist the clients on all aspects of protection and enforcement of intellectual property rights.
The IP litigation team of LexCounsel has successfully represented many clients in actions for enforcement of their intellectual property rights. We have also defended many clients against enforcement actions initiated by competitors, alleging passing off and infringement of trademarks and copyrights. We regularly represent our clients in courts across India in intellectual property litigation against competitors, copyright agencies as also against third party squatters. We have assisted our clients in enforcement of, as also in defending, their intellectual property rights through injunctions, raids, confiscation and destruction of infringing articles, contempt proceedings, cross-suits, counter actions and IPD cases, while deploying effective legal strategies. Many clients have favourably concluded, by winning or by favourably settling their intellectual property disputes with the able assistance of our team.
- The IP Protection Team of LexCounsel assists the clients in Trademarks and Service Marks Filing, drafting, renewal, restoration, prosecution and hearing; applications for registration of trade mark/certification mark for single and additional classes, for registration of a registered user, for directions for advertisement of assignment without goodwill, for amendment and for change of name/address for service and for variation; oppositions, rectifications and appeals; response and hearing before the Registry; request for Registrar’s advice as to distinctiveness; conducting searches for mark in one or more classes; and drafting of all documentation including affidavits, assignment/license deeds and registered user agreements.
- Copyright Filings, drafting, prosecution and appearances; applications for registration of copyright, for license for translation/publication/reproduction, for prevention of importation of infringing copies and for registration of changes in the register of copyrights.
- Patents Filings, preparation of documents, prosecution and withdrawals; applications with provisional or complete specification, for registration of document/title, claims, priority claims, requests for examination of applications, and amendments; preparation of drawings; name index searches, equivalent patent or subject matter searches; inspection of Register of Patents; drafting assignment/license deeds, oppositions, litigation and opinions.
- Representation before offices of the Trade Marks Registry, Patent Office, Intellectual Property Appellate Board, the Registrar of Copyrights, District Courts and High Courts across the country, and the Supreme Court of India.
Notable Representations of LexCounsel's IPR Lawyers
Notable representations include:
- Ferns N Petals – Enforcement actions against infringement and misuse of name, and in defending against copyright agencies.
- Bharat Brush Agencies – Representing in multi-pronged litigation against subsequent users of the reputed mark used by our client since 1977.
- Canvas Laugh Club – Representing, through litigation and settlement, Indian entrepreneurs against enforcement action by a US entity.
- Volvo and Havells – Representing our clients in defending enforcement actions.
- Healthians – Representing against a prior registered owner of the mark, defence and settlement to secure usage rights, with eventual transfer of registration and of intellectual property rights to our client.
Our team of Intellectual Property lawyers in Delhi and across India have favourably handed diverse client matters in the areas of IPR, including:
- CPA Global India, assisted in intellectual property management in view of the Trade Marks Act and Patent Act.
- Enso Tyres Limited, representing the company before the Registrar of Trade Marks with its trade mark registration application.
- Symbiosis Educational Consultants, Inc., assisted the client, a US company engaged in developing online learning and development solutions for higher educational institutions, in its intellectual property, trade mark protection related matters in India.
- Indian School of Development Management, assisted in protection of its intellectual property including trade mark registrations and online advert campaigns.
- IMS Society, Dehradun, assisted in proposed collaboration with an international school brand for setting up IB schools in India.
- Slingshot Learning, assisted in undertaking detailed trade mark searches and preparing search reports.
- Emerald Heights School, Madhya Pradesh, advised on hosting of Round Square International Conference in India, issues connected with licensing of rights by Round Square to the client for use of know-how and brand name and advise on agreements and support documentation.
- Sendinblue SAS, France related to protection of software developed by employee as a literary work, limitations of Indian Patents Act concerning inventions and advice concerning rights related to ideas.
- Fortune Park Moksha Hotel representation before the District Court in Chandigarh in a dispute related to infringement of trade mark “Moksha”.
- Expedient Healthcare Marketing Private Limited in preparation and submission of trade mark applications for registration of different marks.
FAQs
No, registering a copyright in India is not necessary or mandatory. Copyright protection automatically extends to any original work. Copyright registration however evidences ownership of original work, and is therefore beneficial in legal proceedings.
Yes, you can take steps to stop others from using your unregistered trademark. Success of your action would primarily depend upon you being able to establish prior use, goodwill and reputation of your mark.
Trademark registration protects brand identity and reputation, prevents unauthorized use, and provides superior legal rights against infringement.
You can send a legal notice to the infringer, as also file a complaint or initiate cases for injunction and damages against the infringer.
The Intellectual Property statues in India include the Trade Marks Act, 1999; Copyright Act, 1957; Designs Act, 2000; Patents Act, 1970; Geographical Indications of Goods (Registration and Protection) Act, 1999; Protection of Plant Varieties and Farmers’ Rights Act, 2001, etc. (asl also the Rules framed under these statutes).
Protecting your IP ensures that no one else is able to piggyback on your brand name or reputation. You may spend time, efforts and money in building a brand and goodwill of products and services. Without adequate protection, copying your brand or products becomes easier for the unscrupulous persons, and more difficult for you to legally stop them.
Patents – for inventions and technical innovations
Trade Marks – for brand names, logos, slogans/taglines
Copyright – for literary, musical, and artistic works
Design Rights – for protecting the design, largely the visual appearance of products
Geographical Indicators – for products having a specific geographical origin and possessing qualities or reputation due to that origin.