Intellectual property that one creates, either as in individual or an enterprise carries substantial value. This is especially valuable in this world of information technology and knowledge based economy. Hence recognizing, registering and defending intellectual property as intellectual property rights is the key.
Our country has come a long way in terms of protecting intellectual property rights. However, there are limitations of both the nature of intellectual property and jurisdiction that need to be understood. At Tushar Cons, we understand the need for each of our clients’ Intellectually created work to be protected. From registrations, searches, litigation, and defend, to objection-response and round the year vigil of possible violations, we offer 360 degree Intellectual Property Rights services, in the following areas:
Trademarks
A Trademark is defined as a symbolic and graphical representation that is used to distinguish the goods and services of one entity (individual or enterprise) from others. A Trademark can be a letter, number, word, phrase, logo, graphic, shape, smell, sound or combination of these things.
Registration of Trademarks in India governed by the Indian Trade Marks Act, 1999 & Indian Trade Marks Rules, 2002 (and amendments thereof). The Trademark Act & Trademark Rules seeks to provide for the registration of trademarks relating to goods and services in India. The rights granted under the Act, are operative in the whole of India.
At Tushar Cons, we help you in finding the most suitable and legally available for your enterprise or product through trademark search. The benefits of a trademark search report cannot be understated commonly but search report gives better understanding in deciding our trademark. The report itself is optional though.
We offer the following Trademark Registration and Associated services:
- Registration of trademark in India and registration of International Trademarks including and global maintenance of trademark rights.
- Monitoring and filing objections in relevant forum for misuse, misrepresentation and of misappropriation of your proprietary rights in trademark;
- Handling registrations, disputes and litigation of any nature, involving client’s intellectual property rights before all forums, courts, appellate boards, tribunals in India.
- Trademark watching & due diligence services which mean we also assist you in finding other’s trademarks which are deceptively similar to your trademark. Thus we help in protecting your trademark by stopping others from using trademarks which are deceptive similar to your trademark.
- Drafting and filing notice for oppositions
- Drafting and filing counter statements and replies to examination report.
- Handling trademark allied civil and criminal litigations.
At Tushar Cons, we help in drafting agreements related to
- Intellectual property rights in general;
- Specific deeds and agreements related to Intellectual Property Rights
- Purchase and sale of intellectual properties in restructuring of organisations
- Intellectual Property Rights assignment agreements,
- Intellectual Property Rights Licensing agreements,
- Intellectual Property usage agreement in advertising,
- Telemarketing and promotional activities / outsourcing, and
- Agreements with stakeholders who have the know-how and are exposed to trade secrets.
Copyrights
It is essential for a creator to protect his/ her right on what he/she creates – called ‘work’ in the areas like literature, art, music, sound recording, films and broadcasts. Copyright Registration in India grants, offers proof of ownership to these creators in recognising their economic rights on how to control the use of their creation and also the methods for making copies, issuance and dissemination to public, rendering or performance in public, the way of broadcasting and online use including copy and downloads. There are also substantive protection of certain moral rights such to avoid distortion or mutilation.
The purpose of copyrights act is to allow the registrants to leverage and gain economic rewards so that future creativity is beneficial overall. However, copyright does not protect ideas or names or titles. There are other exceptions which allow minor uses which may not infringe copyrights. Normally, copyright protection is automatic as soon as a work is created. Registration under Indian Copyright Act is voluntary.
Services:
Tushar Cons offer the following copyright services:
- Registration of work of copyrights in drama, script, lyrics, songs, sound records, film, manuscripts, video scripts, Software programs copyright edited work etc.,
- Advising on different aspects of Copyrights matters including logos, literary, dramatic, musical, artistic works, cinematographs (films), Photographs, Cartoon and Sports characters, Computer Software, live performances, phonograms; Broadcasting; etc.
- Infringement protection of copyrights against infringers
- Licensing and Assignment Agreements of copyrights
- Prosecution against any copyright violators and infringers.
- Representing foreign and domestic clients for securing their copyright rights Infringement in copyright Litigations.
- Drafting deeds for Copyright Assignment, transfer of copyright and royalty Licensing and Assignment of Copyrights;
- Drafting, Preparations and filing of necessary copyrights applications for registration of various works under the Copyrights Law in India and overseas.
- Investigations on copyright piracy and needed legal actions;
- Advisory on related civil and criminal litigations against copyright infringements.
Our esteem clientele are Internet Service Providers (ISPs), Individual content publishers, Software Companies, Web Designers, Graphic Designing Houses, who are endeavoring to guard and enforce their copyrights. We assist our foreign Clients from Brazil, Greece, Uzbekistan etc and domestic clients in deciding what actions to take to protect their Intellectual Property rights in India.
Patent
A patent is considered by law and otherwise as a monopoly form of intellectual property. It consists of a set of exclusive rights granted by the Government to an inventor or their assignee for a limited period of time in exchange for the public disclosure of an invention. This helps both protection and transparency at the same time.
A Patent is a legal monopoly, which is granted for a limited time by a country to the owner of an invention. Merely to have a patent does not give the owner the rights to use or exploit the patented invention unless the Patent is registered. The Patent rights shall be granted to Patent owner in order to create legal monopoly for a limited period of time. The patent, in the eyes of the law, is a right and it can be given away, inherited, sold, licensed and can even be abandoned. As it is conferred by the government, the government, in certain cases even after grant or even if it has been, in the meantime, sold or licensed, can revoke it. We, at Tushar Cons, advise client of patentability of the product or process.
Intellectual Property Rights Services – Patent:
Tushar Cons offer the following services:
- Assistance and advice clients during all developmental stage of the patents
- Analysis of scope of competitive patents and preparation of such reports
- Filing of patent applications ( India and PCT)
- Drafting of invention claims
- Prosecution of Patent applications before the Indian Patent Office and WIPO
- Licensing and Assignments of patents
- Oppositions and Appeals
Design Registration and its Legal Protection
Designs created for your business and product promotion are your own intellectual property. Get a Legal protection for your unique designs created for your products. Tushar Cons, Intellectual property attorneys, facilitate you in registering your design and can be legally protected. Once your designs created for your business or product promotions are registered through our design registering IP attorneys, you will never lost the visual appeal achieved for your brand.
What is a Design?
Designs are intellectual property created by an artist or a talented person for the purpose of business promotion or for a product promotion. Designs so created may visually represent a company or a business product. Though the designs are created for getting a good visual appeal about the business or product among the public, can be illegally misused by others or may use the designs for their business promotion purposes.
How we protect your Designs
We offer legal protection of your designs. For example if your official logo design is registered through our IP attorneys, you can get a legal protection on your logo design and simply avoid others using it for their personal purposes.
Design Registration Program
The regime of registration of Designs is aimed at protecting the ‘appearance’ of an article. It is governed by the Designs Act of 2000. There is a formal registration process to get the monopoly rights bestowed by the Designs Act. That process is similar to that set out in the Trade Marks Act. It entails an application, examination of the application, an opposition period, and payment of fees and issuing of a certificate of registration. In a fast growing commercial market like India the importance of Design protection is much realized by us and we can advise and act for you in all of your Design registration/protection related requirements/issues.
Tushar Cons’ Services
- Advice on protection of Designs
- Preparing, filing and prosecuting design applications
- Representation of clients in Design Infringement litigation
- Licensing and Assigning of Designs.