Why We
We have handled more than 2000 Trademark, Copyright, Design and Patent Applications throughout the territory of India and a globe. We handle all IPR services till regsitration and we are authorised attorneys at law having expertism in legal territory & IPR industry. Apart from IPR Law, we are having experience in Civil, Business, Real Estate, Corporate & Commercial Law.
IPR Attorneys
IPR means Intellectual Property Rights and it includes Trademarks, Copyrights, Industrial Designs, Patents, Geographical Indications & Trade Secrets. Intellectual Property Rights registration doesn’t limited to application filings, it includes examinations, removal of objections through replies, documentary compliances, attendance of objection hearings and handling of third party oppositions, rectifications & legal disputes. Adv. Paresh Acharekar is an Authorised Attorney at Law having experience of more than 14 years in legal & IPR stream. He is working with populor startups & commercial establishments.
Confidentiality
The Client can assure confidentiality about their brands, copyrights, designs and inventions.
BLOGS AND WRITINGS
The Trademark is important intellectual property right of every business entity. The trademark includes a brand, logo, label, tagline, ticket, name, signature or combination of colors and/or words which is used to distinguish the products and services of one party from those of others. We are providing below Trademark services for our Client.
In India, Trademark is administered under Trademark Act, 1999 and also under common law remedy of Passing off. According to Section 2 (zb) of the Trade Marks Act, 1999, “trade mark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods, their packaging, and combination of colors.”
Recently, in 2017, Indian Government has amended Trademark Rules by passing Trade Mark Rules, 2017 and thereby changed process & documentation regarding trademark registration. Because of an amendment to Trade Marks Rules, 2017, the process of registration is going to be speedy and simple. Online trademark filings will get 10% discount on certain statutory fees. Most of the communication shall be carried out through e-mail communication to reduce the use of papers as an eco-friendly movement.
The Copyright Act, 1957 (the ‘Act’) came into effect from January 1958. The Act has been amended five times since then, i.e., in 1983, 1984, 1992, 1994, 1999 and 2012. The Copyright (Amendment) Act, 2012 is the most substantial. The main reasons for amendments to the Copyright Act, 1957 include to bring the Act in conformity with two WIPO internet treaties concluded in 1996 namely, the WIPO Copyright Treaty (“WCT”) and WIPO Performances and Phonograms Treaty (“WPPT”); to protect the Music and Film Industry and address its concerns; to address the concerns of the physically disabled and to protect the interests of the author of any work; Incidental changes; to remove operational facilities; and enforcement of rights. Some of the important amendments to the 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.
The Design is important intellectual property right of the business entities, engineers and scientist. Bottle design, Container Design, Packaging Design, Machine Design, Product Design, Design Stand etc. are protected under design law.
The registration and protection of industrial designs in India is administered by the Designs Act , 2000 and corresponding Designs Rules , 2001 which came into force on 11th May 2001 repealing the earlier Act of 1911. The Design Rules, 2001 was further amended by Designs (Amendment) Rules 2008 and Designs (Amendment) Rules 2014. The last amendment in Designs Rules came in to force from 30th December, 2014, which incorporates a new category of applicant as small entity in addition to natural person and other than small entity.
The industrial design recognizes the creation new and original features of new shape, configuration, surface pattern, ornamentations and composition of lines or colours applied to articles which in the finished state appeal to and are judged solely by the eye.
Design Registration enables the owner to file a suit under Civil Procedure Code and also complaint under criminal procedure code against the person for the design infringement.