LAWHIVE ASSOCIATES

Understanding the importance of a trade mark and/or service mark for a business and its subsequent evolution is the very cornerstone on which the Firm and its attorneys have laid focus and advised clients. The Firm and its attorneys understand the business importance of a Trade Mark portfolio for a client.

The Firm is equipped with its very own in–house database, which contains an effective IP management system and a record of all the trade marks registered all over India. By using this database, the attorneys can efficiently advise clients regarding any proposed adoption and / or usage of a certain brand name for their business activities, without violating the IP rights of any other trade mark owner.

The firm deals in all aspects of trademark practice from conducting trade name searches to filing application for registration of trademark, drafting and filing reply to objections and representing clients at hearings. We assist clients in registration of Trade Marks and Service Marks.

We have a great deal of experience working with the Trademark Examiners at the Controller General of Patents, Design and Trade Marks, India. Our law firm routinely advises large and small businesses, corporates, firms and individuals in a wide variety of industries on the maximization of their current trademark portfolios and selection of new marks for products and services including trade dress. In addition, our law firm conducts international trademark searches and coordinate worldwide trademark availability opinions for clients seeking to adopt new marks.

Our trade mark attorneys have a great deal of experience in representing clients in all types of trademark disputes including domain names. Our trade mark attorneys have expertise in drafting agreements for trade mark licensing, assignment and sale and purchase, technology transfer, valuation of intellectual property of the client etc . . Our law firm deals in litigation pertaining to trade mark infringement and passing off

The Firm essentially carries out the following services for their clients:-

We provide the following services

• Trade Mark availability searches. The Firm has its own in-house computerized search engine. Results are made available within twenty-four hours of receiving the instructions. We have access to a trade mark database that is constructed from notifications of acceptance of trade marks published in the official Journal.
• Filing of Trade Mark applications in India as well as worldwide.
• Prosecuting the Trade Mark Applications untill registration, which involves, filing of replies to official objections of the Registrar against the acceptance of the Application for registration, attending hearing before the Registrar for acceptance of the Application for Registration, reporting publication of the Trade Mark Application to the client, receiving the Registration Certificate, applying to the Registrar for corrections (if any) and for a Certificate for use in legal proceedings.

Enforcement of Statutory and / or Common Law Rights

• Provide a Watch Service. The Firm keeps a track of any proposed conflicting mark which has been applied for and is identical and/or deceptively similar to that of a mark adopted, used, applied or registered by our client. Further, the Firm has retained a team of qualified detectives / investigators, which survey markets and report any usage or adoption of a conflicting trade mark or usage of counterfeit products.
• Post the registration of the Trade Mark, the firm also files Oppositions, Petitions for Rectification before the relevant forums and file applications before Customs Authorities for seizure of infringing goods. 

Commercial Contracts & Dispute Resolution

The Firm recognises that effective commecialisation of brands leads to creation of brand value. Further, proper brand management and enforcement of rights also lead to strengthening the value of the brand for its proprietor. In furtherance thereof:

• The Firm specializes in Drafting Assignment Deeds, License and Registered User License Agreements, Marketing arrangements, Sponsorship Contracts, etc.
• The firm provides opinion on possible claims of violation of statutory and common law rights. It carries out filing of actions for Infringement and Passing Off of Trade Marks and Appeals before the Appellate Courts.
• The Litigation work also extends to filing of criminal complaints and conducting raids for seizure of infringing material and counterfeit products

TMR Flow Chart