“A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer’s decision to choose one product or service over another.” – Seth Godin

SERVICES UNDER INTELLECTUAL PROPERTY RIGHTS

Trademark

A trademark is a unique symbol or word(s) used to represent a business or its products. Over time, trademarks become synonymous with a company name, so that you don’t even need to see the name to recognize a particular business.

What we do?
We advise clients on trademark protection/strategic brand management and enforcement. Our approach is primarily focused on offering innovative, practical and progressive solutions to suit their requirements and queries.

Filing & Prosecution:
This includes weekly journal watch, trademark filings, prosecution, registration, renewal, replying to examination reports, trademark alert searches and we also provide legal advice on success rate of trademark registration.

Contentious services:
Opposition proceedings, rectification proceedings, cancellation of a trademark before the Trademarks registry and Intellectual Property Appellate Board.

Advisory Services:
We also help the client with brand conceptualization, conducting IP audits, due diligence and brand monitoring.

Brand Management:
We monitor the internet round the clock for counterfeiters on online marketplaces and provide the rights owners with actionable intelligence and information regarding the infringements online. Based on such information we help takedown such infringers from online and social media platforms. Not only do we identify, we also help brand owners defend online infringement and thereby help them grow their brands.

Copyright

Copyrights are a bundle of legal rights that protect the creative expression of an idea. While ideas may not be protected themselves, your expression of those ideas can be. This right is exclusive and extends to a variety of areas including Literature, drama, music, art, films, computer programs and sound recordings.

What we do?
We advise our clients on copyright protection and assist them in enforcing their rights through injunctive relief, infringement suits or other legal remedies.

Patents

They say, “An invention is not your own until it’s patented”.

What we do?
We help our clients manage and maintain their patent portfolios in multiple technical domains. We specialise in patent advisory and litigation.

Patent Litigation: We routinely represent multinationals and domestic firms before the High Court, Supreme Court, Intellectual Property Appellate Authority and Patent Offices for patent matters in all streams of technology including pharmaceutical, biotechnology, telecommunication, mechanical etc. The firm’s technical team seamlessly works with the litigation team, which has vast experience and expertise in handling matters at both interim and trial stage.

Design

An industrial design right is an intellectual property right that protects the visual design of objects that are not purely utilitarian. An industrial design can be a two- or three-dimensional pattern used to produce a product, industrial commodity or handicraft. The industrial design recognizes the creation of 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.

What we do?

Indian Law deals with designs separately, unlike the USA, Japan, China and Europe, where designs are classified under Patent laws. The firm assists it’s clients in end to end solutions for design registrations and enforcement. We are well versed with Design Laws and procedural requirements for the Indian Jurisdiction.

Geographical Indication

A geographical indication (GI) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin. In order to function as a GI, a sign must identify a product as originating in a given place.

What we do: We help our clients from the very initial stages of Geographical Indication prosecution i.e., GI Filing, to all the essential steps that follow after the application is filed, such as Scrutiny and Examination, Oppositions, Objections, etc. We work through all these processes and take the necessary legal steps required to get the GI registered.

A registered GI needs to be secured after its registration, from checking for any kinds of replications through extensive weekly research to filing for necessary oppositions, we work for our clients at every stratum.

Domain Name and Cybersquatting

A Domain Name is quite a user-friendly form of an Internet Protocol (IP) address; the technical IP address of this being invisible to the viewers. Addresses to the Internet Web Servers are assigned and managed through the Domain Name System (DNS), the globally distributed internet database administered by ICANN.

What we do?
We can assist you to preserve your intellectual property rights from misappropriation by securing your domain name – this should be a top-priority. A component of our law practice includes the representation of clients in trademark infringement cases involving domain names. Domain name poaching is known as “cybersquatting.”

Cybersquatting is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else’s trademark. It generally refers to the practice of a third-party registering or “buying up” domain names that use your trademark or the name of your existing business with the intent to sell the names to you for a profit.

If someone is cybersquatting on the domain name that reasonably matches your domain name or if the domain directs you to a website that offers products or services related to yours, it is likely the aforementioned individual is “willing” to sell it to you for a large sum of money. We can assist you with locating the domain name registrant and resolving these unfair competition practices in an aggressive fashion.

Anti Counterfeiting

Counterfeit or “fake” goods, as most consumers perceive them, create an enormous liability to both manufacturers and retailers. In today’s global economy, the more popular the brand, the more likely for it to become the target of counterfeiters and experience a loss in both reputation and revenue. MAK LAW, with wide reaching networks, can efficiently handle multi-jurisdictional branding issues as a single group and helps you identify and eliminate key counterfeit offenders.

What we do?
We understand your business needs and therefore help you customize a strategy which is tailor made for your business and brand. Counterfeiting can never be completely eradicated, but our dedicated legal team will proactively work, in conjunction with your business, to build an anti-counterfeit strategy for your goods.

Infringement and Passing Off

Passing off and trade mark infringement can be poles apart. The key difference is that trade mark infringement deals with registered rights, and passing off with unregistered rights. Passing off protects traders’ goodwill in relation to their goods and services. “Goodwill” is the brand reputation which is built-up in relation to specific goods or services and which attracts customers. It can be held by an individual trader or in some cases shared, such as between all the producers of a specific product in a specific area.
Sometimes the same facts give rise to claims for both trade mark infringement and passing off.

What we do?

Passing off claims can be challenging and expensive to fight. It may be necessary to arrange market research surveys in order to demonstrate whether the claimant has a reputation in specific features of goods or services. Our team can work with you to ensure the best outcome possible and we can support your business by:
• Taking action on your behalf if you think you may have a passing off claim
• Acting to defend you if accused of passing off
• Using alternative dispute resolution strategies such as mediation to resolve conflicts between businesses over branding.

Franchise Law

We advise our clients on franchising and distribution and on all other aspects of franchise relationship including the franchisor, the business experience of key franchisor personnel, and the franchisor’s litigation and bankruptcy history, fees, costs, and other purchase requirements. We have drafted franchise agreements for various companies including companies in the retail sector.