IN PRIVATE PRACTICE
Quick look through the Indian Legal System:
As a former British colony, India adopted a common law based legal system, under which India's basic commercial laws are similar to those of other Commonwealth jurisdictions (including the UK, Canada, Australia, New Zealand, Singapore and Hong Kong). The Indian legal system is therefore based on a combination of legislation and judicial precedent (case law). For this reason, there are plenty of legislations and authorities, which make the practice of Indian law both complex and well-laid out. The union and the states, both legislate on subjects as laid out in the Indian Constitution, similar to that of the US. For this reason, there are plenty of legislations and authorities, which make the practice of Indian law both complex and well-laid out. Nonetheless, India ratified to the TRIPS agreement in 1995; consequently, it had to bring about certain amendments to the then existing Intellectual Property Law. For that reason the trademark law and practice is to a great extent similar to Europe and US Trademark law and Practice as far as the Indian Trademark Office is concerned.
How it functions:
We are proud to have our Indian Desk led by an outstanding Indian Trademark Attorney who has expertise in both national and international trade mark law and practice. Owing to her experience of the best of both worlds, she is enabled to provide excellent legal solutions for enforcement of Intellectual property rights in India and also has the exact insight of the current dispute mechanism available in India. Consequently, we are glad to have an Indian desk which functions independently of sub-delegation of assignments to other law firms which save our clients administrative cost and time.
Our services include:
- Availability searches with opinion of potential registration;
- Filing and prosecuting national applications before the Registrar of Indian Trademark Office (Calcutta, Delhi and Mumbai), prosecution of trade mark applications in India (as a designated country of an International Registration, WIPO) before Registrar of Trademarks, Mumbai
- Filing and prosecuting national applications through our Indian Desk;
- Filing and prosecuting oppositions and cancellation actions against third parties’ applications through our Indian Desk;
- Prosecuting and defending any of these matters in actions brought before the Indian courts as well as enforcing and defending our clients’ rights before any other competent authorities;
- Filing and following up on customs border seizure applications and taking all further appropriate steps to protect our clients’ rights in connection with such measures;
- Conducting walk-through inspections with customs at major trade fairs to stop infringing goods from being offered for sale.