DNL assists businesses ranging from established companies to start ups in identifying, protecting, and capitalizing on their intellectual property, including trademarks, service marks, domain names, trade secrets, patents, copyrights, including protection of brand identities, such as, trade dress, logos and symbols associated with product names. Our IPR portfolio offers following services:

• Trademark Solutions:

  • The Trade Marks Act, 1999 governs the Indian trade mark registration system. Distinctive signs of all kinds and descriptions which are capable of graphical representation are registrable as trade marks. The forty two classes of goods and services of the International Classification is followed. The statute is generally compatible with the European Directive concerning trade marks and affords protection against unauthorised use of both identical and confusingly similar marks in relation to the goods or services in respect of which a mark is registered and in respect of similar or dissimilar goods or services in defined circumstances.
    
    What is Trademark?
    
    Trademarks protect your brand names and business identity. Whether you’re getting ready to launch a business or a product, or you’ve already been in business for several years, trademark protection of your company and/or product name, design mark, color, or sound, or slogans and packaging is crucial.
    
    What marks are registrable as trademarks?
    
    A trademark is a “mark” used or proposed to be used for or in connection with goods or services to distinguish such goods or services from other goods or services. A Mark can be a) any brand, heading, label, ticket, name, sign letter, text, word, numeral, slogan, base line, shape, colour or combination of any of these.
    
    To register the mark as a trademark, the mark must meet the following requirements:
    
    » It must be distinctive,
    » It must not be identical or similar to a mark already registered or any pending prior application for registration,
    » It must not be prohibited by the Trademarks Act
    » It must be owned by the applicant

    Trademarks can be applied to:
    
    » words,
    » logos,
    » phrases,
    » shapes,
    » sounds,
    » color,
    » initials and number combinations such as IBM and 3M,
    
    The following are examples of different items that can be registered for trademark protection::The following are examples of different items that can be registered for trademark protection::The following are examples of different items that can be registered for trademark protection:
    
    » Design marks: may consist of product packaging or trade dress for goods or services.
    » Slogans: A slogan can function as a trademark if it is not merely descriptive or informational.
    » Color: Color marks are trademarks that consist of one or more colors used on particular objects. For trademarks used in connection with goods, the color may be used on the entire surface of the goods, on a portion of the goods, or on all or part of the packaging for the goods. Color is usually perceived as an ornamental or functional feature of goods or services, which is not subject to trademark protection.  However, color can function as a mark if it is used as a trademark and if it is perceived to identify and distinguish the goods or services and to indicate their source.
    » Sound Marks: A sound mark identifies and distinguishes a product or service through audio rather than visual means. Examples of sound marks include: (1) a series of tones or musical notes, with or without words, and (2) a word or words accompanied by music.
    
    If you’re beginning to think about your business’ trademark particulars, or if you already have a solid trademark idea, keep these tips in mind:
    
    » A trademark is a word, name, symbol, or device that distinguishes the identity of a product or service provider from other brands.
    » Ideally, the trademark is simple, short, easy to pronounce, easily recognizable, and readily remembered.
    » A trademark should be highlighted by display in capital letters or in italics so that it is easily distinguishable from other words in close proximity.
    » Notice of trademark rights should accompany the first or most prominent use of a trademark on the product in advertisements, marketing materials, etc.
    » A trademark should not be modified or used in a different form, for example, through hyphenation, combination, or abbreviation.
    
    In the India, it is not necessary to register a trademark to develop rights in the mark; however, registration does provide significant advantages:
    
    » Indian trademark registration grants rights throughout the entire India.» Indian trademark registration grants rights throughout the entire India.
    » Indian trademark registration is prima facie evidence of a valid trademark, denoting the registrant’s ownership of the mark, and the exclusive right to use the mark in connection with the goods or services
    » A registered trademark is more likely to appear in a search report, and this may dissuade others from adopting a mark that is identical or confusingly similar to the registered mark.
    » The Indian Trademark Office may refuse to register a third-party trademark on the basis of a prior registration. This reduces the likelihood that a costly opposition or other proceeding will be necessary in order to protect exclusive rights in the registered trademark.
    » Once a trademark registration is granted, it can be maintained as long as the trademark is used in connection with the goods or services for which it is registered.

    At DNL, an experienced trademark lawyer will conduct a thorough search to determine if your proposed trademark is available for use. This search should be done as soon as a new trademark is proposed and before any significant expenses for development, advertising, or printing are incurred.  If a trademark is adopted without performing a search and it infringes on another’s trademark rights, it often becomes necessary to adopt a new trademark. Our trademark lawyers will review the search results and make a recommendation as to the availability of the proposed trademark. While fanciful or arbitrary marks make the best trademarks, suggestive or descriptive marks can also be used if they are made more distinctive by adding an original design element, stylizing the lettering, adding or deleting words, etc.
    
    We recognize the importance of maintaining a strong trademark and the business harm that can result from trademark dilution. An attorney that is familiar with trademark practice and procedure can lead you through the Indian or international trademark registration process and can explain the benefits of trademark registration. Our range of services includes:
    
    » Trade mark search;
    » Registration of Trade Marks;
    » Opposition, Rectification and Cancellation actions;
    » Renewals;
    » Assignment, licenses and transmission, drafting deed form, consequent registration of assignment
    » Customs and Counterfeit
    » Investigations;
    » Criminal Raids;
    » Action of infringement and passing off;

• Copyright Solutions:

  • Copyright is conferred by the Copyright Act, 1957.The Act protects literary, artistic and musical works, sound recordings, cinematographic films, computer programmes, radio and television broadcasts, satellite transmissions and published editions. The categories of persons who are afforded copyright protection are defined in the Act and include foreign persons and incorporated bodies from member states of the Berne Convention.
    
    What is Copyright?
    
    Copyright protects an author’s original and creative works. Originality means the work is not copied, and creativity means that it evidences some thought.
    The Copyright Act gives the copyright owner the exclusive right to:
    
    Reproduce the work
    Prepare derivative works of the work
    Distribute copies of the work to the public
    Perform or display the work publicly
    
    Copyright protects original works of authorship that are fixed in a tangible form of expression, meaning that the works may be communicated with the aid of a machine or device. Examples of copyrighted works include:
    
    Literary works (books and magazines)
    Musical works
    Dramatic works (movies, plays, and television shows)
    Pantomimes and choreographic worksPantomimes and choreographic works
    Pictorial, graphic, and sculptural works (paintings, photographs, sculptures)
    Audio-visual works
    Sound recordings
    Architectural worksArchitectural works
    Computer Software (the literal code and the structure, sequence, and organization of a program)Computer Software (the literal code and the structure, sequence, and organization of a program)
    
    What is not copyright protected? What is not copyright protected?
    
    Works that have not been fixed in a tangible form of expression, for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded
    Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
    Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
    Works consisting entirely of information that is common property and containing no original authorship, for example, standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sourcesWorks consisting entirely of information that is common property and containing no original authorship, for example, standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources
    
    Why should I register my copyright?
    
    Copyright notice is not required because copyright is secured automatically when the work is created, and a work is "created" when it is fixed in a copy or phonorecord for the first time. However, there are advantages to using a copyright notice since it advises potential infringers that the work is protected by copyright, and it can be used to show that the infringement was not an accident.
    A copyright notice includes (1) the symbol ©, the word “Copyright”, (2) the publication year, and (3) the owner’s name. Registration requires filing an application and a copy of the work with the Copyright Office.
    Registration gives the copyright owner valuable added protections:
    
    Registration within three months of first publication allows the owner to bring an action for statutory damages and attorney fees.
    
    If registration is obtained within five years of publication, it also creates certain presumptions of validity and ownership in a copyright infringement suit.
    
    Registration is also advantageous to readily identify the copyright by its number and to properly record assignments and transfers in the Copyright Office.
    
    Duration
    
    Copyright shall subsist in any literary, dramatic, musical, or artistic work (other than a photograph) published within the lifetime of the author until (sixty years) from the beginning of the calendar year next following the year in which the author dies.

• Patents Slotions:

  • The Indian patents system is governed by the Patents Act, 1970 which affords protection to patents for inventions (including patents of addition). The absence of novelty vitiates a patent absolutely in India and protection is refused obvious inventions. Unless a complete specification is filed in the first instance a priority date is established by an application accompanied by a provisional specification. Applicants deciding to pursue protection thereafter must file a fresh application accompanied by a complete specification within twelve months of the date of filing of the provisional application claiming priority from that date. Examination is to form only and no examination on the merits takes place. The patent term is twenty years from the date of filing of the complete specification. A patent must be renewed every year from the fourth following the filing date.
    
    What is Patent?
    
    Patents protect technology improvements; Whether you’re an established company or an individual entrepreneur, protecting your patentable inventions and proprietary technology should be a top priority.  Without patent protection, technology improvements may be compromised resulting in lost profits and opportunities.Our law firm in New Delhi, India has patent attorneys and engineers that can handle the various matters that can arise in development and ownership of a patent portfolio, including patent application preparation, patent litigation and patent licensing . Let a qualified patent attorney assist you in the patent prosecution process and guide you in exploiting your patent and intellectual property rights.
    
    Subject matter and methods that are eligible for patent protection include:
    
    Methods or Processes: New methods of doing something may be patented, for example:, a method of forming circuit patterns on semiconductor wafers, a method of making ceramic parts, and a method of diagnosing or treating diseases.
    
    Machines and Mechanical Devices: Engines, machinery, instruments, etc.
    
    Manufactured items: Circuits, tools, structures, etc.
    
    Chemical and Biological:Compositions: Pharmaceuticals, chemical compounds, substantially purified natural substances, DNA sequences, and biological materials are all amenable to patent protection.
    
    Living organisms: Genetically altered plants and animals.
    
    Computer programmes: Either alone or in conjunction with other equipment or a process.
    
    Business methods: New methods of doing business, especially those implemented by computers or the internet. Patents covering auction models, one-click internet shopping checkout, mutual fund financial analysis, DVD rental, and web advertising patents have been issued by the United States Patent and Trademark Office.
    
    In certain cases, patent protection may be warranted in strategically located countries throughout the world. In addition to our experience in filing patents with the Indian Patent Office, the CARE INTELLECT law firm also has experience in international patent prosecution, including filing patents under the Patent Cooperation Treaty (PCT). We also work with a network of foreign associate firms registered to practice in foreign countries to obtain national patents  and to bring enforcement actions in their respective countries.
    
    Regular patent applications
    (i) Provisional (ii) Complete;
    PCT Applications;
    PCT National Phase Applications;PCT National Phase Applications;
    Convention Application;
    Drafting of Specifications;
    Patent Searching;
    Patent portfolio and Management;
    Patent Oppositions;
    Patent Infringement;
    Filing of Annuities
    
    Duration
    
    The term of every patent granted is 20 yrs. from the date of application.
    Renewal to be effected annually before the expiry of the second year.

• Design Solutions:

  • Indian Designs Act, 2000 provides protection to aesthetic and functional designs through registration. Functional designs have features which are necessitated by the function which the article to which the design is applied is to perform and include integrated circuit topography and mask works related thereto. Aesthetic designs relate to designs applied to articles of manufacture because of the pattern, shape, configuration or ornamentation of the design which is judged solely by the eye. Aesthetic designs must be new and original while functional designs must be new and not common place. Indian Designs Act, 2000 provides protection to aesthetic and functional designs through registration. Functional designs have features which are necessitated by the function which the article to which the design is applied is to perform and include integrated circuit topography and mask works related thereto. Aesthetic designs relate to designs applied to articles of manufacture because of the pattern, shape, configuration or ornamentation of the design which is judged solely by the eye. Aesthetic designs must be new and original while functional designs must be new and not common place.
    
    What is Design?
    
    Design means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms, by any industrial process or means, whether manual, mechanical or chemical, separate or combined, which in the finished article appeal to and are judged solely by the eye; but does not include any mode or principle of construction or anything which is in substance a mere mechanical device. Only those designs that are new or original are subject matter of registration in India. Designs which have been disclosed to the public anywhere in India or in any other country by publication in tangible form or by use or in any other way prior to the filing date, or where applicable, the priority dates of the application for registration. Further no copyright in the design shall vest in Applicant if more than 50 copies of the design have been manufactured commercially. A design is not registrable if it is not significantly distinguishable from known designs or combination of designs or if it comprises scandalous or obscene matter. Our range of services includes:
    
    Filing of application & issuance of receipt of fee along with application number;
    To get issuance of Examination report with objections, if any ordinarily within 2-4 months of filing of application;
    Responding to Examination report within 6 months from date of filing of application in India which can be extended further by 3 months on payment of additional fees and request before expiry of 6 months from date of filing;
    Attend hearing, if any;
    Acceptance of application;
    To obtain issuance of Registration certificate;
    Registration of Designs;
    
    Duration
    
    Once Registration is granted it is valid for ten years from the date of filing the application.
    After the expiry of the first ten years the registration may be renewed for another 5 years.
    
    W ith in house team of lawyers, investigators, technical professionals, DNLorpovides fast, efficient and complete solutions in IPR registtrations, implemention and protections.
    Copyright protects an author’s original and creative works. Originality means the work is not copied, and creativity means that it evidences some thought.
    The Copyright Act gives the copyright owner the exclusive right to:
    
    Reproduce the work
    Prepare derivative works of the work
    Distribute copies of the work to the public
    Perform or display the work publicly
    
    Copyright protects original works of authorship that are fixed in a tangible form of expression, meaning that the works may be communicated with the aid of a machine or device. Examples of copyrighted works include:
    
    Literary works (books and magazines)
    Musical works
    Dramatic works (movies, plays, and television shows)
    Pantomimes and choreographic worksPantomimes and choreographic works
    Pictorial, graphic, and sculptural works (paintings, photographs, sculptures)
    Audio-visual works
    Sound recordings
    Architectural worksArchitectural works
    Computer Software (the literal code and the structure, sequence, and organization of a program)Computer Software (the literal code and the structure, sequence, and organization of a program)
    

    
    

Our Intellectual Property team has expertise in all areas of trade/service mark, trade secret, copyright and patent law. We advice our clients on the selection, availability, use and registration of trade/service marks, patents and copyright applications within India and abroad.  We also have attorneys who have extensive experience in the litigation of intellectual property conflicts.  In addition, we have a team of investigators to acquire required evidences and organize rates on the spurious manufacturers/duplicators.