PMG ASSOCIATES undertake the entire work of preparing, filing and prosecuting applications including hearings before the Controller of Patents & Designs/Registrar of Trade Marks/Registrar of Copyrights of India. The maintenance of patents and renewal of trademark registrations, drafting of licence agreements and assignments; rendering advice and handling litigation relating to IP matters, search and IP watch services and foreign filings, are integral activities of our overall services.
We provide services in preparing and filing patent applications for registration. We are registered patent agent in India and can provide our clients with comprehensive knowledge in drafting descriptive specifications and claims. We also provide services for conducting patent search, paying annuities, preparing and filing written arguments and appeals, patent administration, and infringement litigation.
Transfer and licensing of patents
We handle all the formalities and procedures in preparing and drafting assignments and license agreements for recordal with the Indian Patent Office. Likewise, we handle recording of name changes of owners in the concerned register.
PCT National Phase Entry in India
India is a member of PCT and also a signatory to GATT. National phase entry to India is possible through the PCT route, if India is a Designated Country in the application.
We assist Foreign Individuals/companies in filing PCT National Phase Applications at the Indian Patent Office.
Patents in India: Law & Procedure...
We are registered trademark agent in India and are specialised in developing, obtaining, commercialising, maintaining, and litigating trademarks in India and abroad. When a client is desirous to use and/or register a trademark or a company name in India, we assist them to evaluate the registrability of the mark and the potential risk in using that mark. We also provide trademark and company name search service, as well as offer professional opinion on other relevant issues.
Filing and Registering
Under the Indian Trademark Act, which uses International Class of Goods and Services* it is essential to file a trademark application for registration in proper class(es) using acceptable description of goods/services to obtain registration quickly. Due to the large volume of applications filed at the Indian Trade Mark Registry, the delay caused by an office action is substantial. Accordingly, a proper strategy in terms of filing and prosecuting trademark applications remains critical in maintaining an effective trademark portfolio. We provide competent, quality services in preparing and filing trademark applications and written responses to Examiner's preliminary objections.
Once a trademark is registered, it is deemed valid until it is canceled through a cancellation action. Upon discovery of an application for a conflicting mark, it is essential that a strong and vigorous opposition be filed to block that application from effecting registration. The opposition procedure warrants a thorough and professional assistance by experienced trademark specialist, which we offer.
In most of the cancellation actions filed in India, the ground for cancellation is based on non-use of a registered mark. Two major grounds for invalidating a trademark registration are (i) conflict with previously registered or well-known mark and (2) lack of inherent registrability. Our services are available in this area also.
Licensing/Assignments, Change of Names & Recordals
Recordal of trade mark licenses are not mandatory under Indian Trade Marks Law, unless the marks are registered in which case a Registered User Agreement can be recorded with the Registrar of Trade Marks. It is advisable to record such Registered User Agreement or otherwise, in contested proceedings the situation can become complicated as the User may not have a right to initiate legal proceedings independently. Similarly, when ownership of a trademark registration/application or a corporation changes due to assignments or merger, and when company name changes, it is critical to properly register the change at the Trademarks Registry to give proper effect to the trademark registration and/or to establish proper evidence of use in the event of a cancellation action. We actively provide services in these areas.
Combating Counterfeiting & Litigation
We assist clients in anti-counterfeit programmmes designed to identify and eliminate piracy and counterfeiting activities. Our services in this area include obtaining Search and Seize orders, conducting and defending actions for infringement of trademarks, obtaining injunctions, criminal and civil suits in close co-operation with professional litigators.
*Service Marks Registration in India The new Trade Marks Act 1999 and Trade Marks Rules 2002 have come into force with effect from 15 September, 2003. This will make it possible to register Service Marks in India. Trademark Registry has started accepting service mark applications from September 15, 2003.
Trademarks in India: Law & Procedure...
We provide services in preparing and filing design applications for registration, including preparation of drawings that conforms to the requirements of Designs Office. We also provide services for conducting design search, paying annuities, preparing and filing written argument and appeals, combating infringement of design rights and litigation. Our Branch Office in Chennai files applications in person in the DO enabling timely detection and rectifications of any possible anomaly. Moreover, through periodically organised Seminars, we maintain a direct and close interaction with the Examiners and the Officers of the DO.
Designs in India: Law & Procedure...
Copyright in a work can be registered with the Ministry of HRD at any point of time during the life of the copyright. Although, copyright automatically attaches when a work is created, registration is recommended as it affords the copyright holder to enjoy a presumption of validity, exclusive licence registration, assignment, etc. In India, IP rights in computer software are covered under the Copyright Law. As copyright attorneys practicing at the Ministry of HRD, we offer our services in preparing, registering, managing, licensing and enforcement of all types of copyrights.
Copyright Registration of Trade Marks
Copyright in logo, label, get-up, packing design or writing style of a trademark can be registered as Artistic Work along with the trademark registration. This copyright registration can be claimed irrespective of goods. Copyright provides international protection. Criminal action can be taken in India on the basis of copyright registration. We provide services in this field.
Copyright in India: Law & Procedure...
IP Watch Service
We screen Official Gazettes, Trademark Journals, Newspaper/Telephone/Business Magazines, Billboards etc., and any potential conflict will be reported together with our opinion on legal strategies to be followed.
We assist Indian Applicants in filing Patent, Trademark, Copyright and Design applications all over the world. Feel free to Contact Us for any information on IP Law and Practice in India. the official websites, http://www.ipindia.nic.in , http://www.iprlawindia.org and www.tmrindia.com for information on intellectual property protection in India
Advocates, Patent & Trademark Attorneys
EF7-10, Vasanth Nagar, Palarivattom
Cochin-682 025, INDIA
Tel:+91484 2337856 / 6457856
Fax :+91 484 2347893 / 2337057
E-Mail : email@example.com