Patent Business Lawyer in Asia

Patent Attorney practicing Patents, Corporate Law, Mergers and Acquisitions, Venture Financing, Startup Technology Law

Brand protection strategy in India includes strong trademark protection and proactive approach to prevent counterfeiting and infringement of trademarks.

trademark lawyer in India

Design Patents and Trade Dress

Trade dress is a type of trademark directed to the distinctive look and feel of a product or service which identifies its source. To be registerable, a trade dress needs to serve as a source identifier, be distinctive in the marketplace, be used in commerce, and be primarily non-functional. Trade dress could embody the look of a product or its packaging. If a product design is identifiable with a company or source, trade dress rights prevent other products from appearing confusingly similar to a consumer, whereas Design patents provide a limited term of protection for the visual, non-functional characteristics of a product. Design patents can cover a shape, color, and pattern of an entire product or only a portion of a product.

Design Patents

To obtain a design patent, the design must be an article of manufacture, ornamental, novel, and non-obvious over existing designs. Although the object can provide functionality, the segment of the design to be protected cannot be purely functional. If the design is the only way to uphold the functionality of the object, the design is not qualified for design patent protection.

A design patent may not be available if an object embodying the design was publicly disclosed prior to filing the design application. Design patents can be applied before even commencement of manufacturing. Therefore, ideally, an application should be filed as soon as possible, prior to sales or other revelation.

Trade Dress

To acquire trade dress rights, the design must be non-functional, and must have acquired “secondary meaning” such that the design is identifiable with the source. If the design entails product packaging, trade dress rights may take place from “inherent distinctiveness.” Trade dress protection can only be acquired for non-functional designs. For example, a “pink” colored bandage was not protectable because the color served the purpose of blending well with skin.

The shape of a musical instrument such as guitar was deemed too functional because it was advertised to have acoustical advantages. Demonstrating that a design has acquired secondary meaning can be difficult and requires evidence which may include testimony/surveys, or extensive marketing and/or sales of the product.

Trade dress rights do not run out as long as the design is used in commerce as a source identifier. Once a design obtains secondary meaning, future products can also benefit if they use the same protected design feature. Furthermore, a competing product infringes when it is deemed close enough to confuse a consumer regarding its source.

In contrast, infringing a design patent requires an ordinary observer to find the accused design substantially similar to the protected design, in context of prior designs in the field – generally a more difficult bar. Although not compulsory, registering a trade dress conveys a number of advantages that may serve as deterrents against copying; for example, a registered trade dress is presumed valid such that the burden of establishing invalidity falls on a copying party, whereas the owner of an unregistered mark must establish its validity.

Trade Dress Cases in India

Cadbury India Limited and Ors. v. Neeraj Food Products 142 (2007) DLT 724, MIPR 2007 (2) 269, 2007 (35) PTC 95 Del; Delhi High Court

A company by name Neeraj food products launched a food product similar to ‘Gems’, a popular chocolate product by Cadbury. The product was called ‘James Bond’. The colour schemes and nature of the foods were alike. This was opposed by Cadbury in whose favour there was a decree that restrained Neeraj Food Products from using trademarks and packaging similar to Cadbury.

Parle Products (P) Ltd. v. J.P. & Co., Mysore, 1972 AIR 1359, 1972 SCR (3) 289; Supreme Court of India

The defendants propelled a brand of biscuits similar to Parle G. Both the packs looked almost the same, with the same colour scheme, similar design and size. The Supreme Court said that in order to determine misleading similarity, both packages need not be placed side by side and compared, but a general similarity would suffice, and action was taken against the defendants.

Gorbatschow Wodka Kgv v. John Distilleries Limited Notice of Motion No 3463 of 2010 in Suit No 3046 of 2010; Bombay High Court

The Plaintiff is one of the finest brands of Vodka in the world. Its bottles have a unique round shape inspired by Russian Architecture. Whereas, the defendant, an Indian company propelled a product called Salute Vodka with a likewise shaped bottle, but a different trademark and colour of label. Though, the defendant argued that the consumers of Gorbatschow Vodka are well-off and can never get confused by an economic brand like Salute. The Bombay High Court decreed that the figure of the bottle is misleadingly similar and that it will tarnish the image of the plaintiff if the defendant is permitted to sell the same. Thus, the defendant was prohibited from using the shape of the bottle for selling their products.

Trademark and Patent Attorneys

Patent attorneys with broader scope of expertise provide legal advice and consulting on issues related to intellectual property rights and technology laws. Core practice areas include trademark filing, domestic and international trademark prosecution, trademark enforcement and trademark litigation, researching relevant trademark case laws, trademark portfolio management, trademark clearance searching, trademark valuations, brand valuations, trademark due diligence, and trademark licensing.

Law Office of Patent Attorney Rahul Dev offers high value software patent drafting and patent due diligence services to clients by using proprietary and efficiently proven process along with a fixed fee costs, for performing comprehensive patent investigations and providing clients with strong patent reports for decision making.

We provide comprehensive Patent and Trademark legal services via our global network to create valuable patent portfolios and resolve complex patent disputes by providing patent litigation support services.

Our team of advanced patent attorneys assists clients with patent searches, drafting patent applications, and patent (intellectual property) agreements, including licensing and non-disclosure agreements.

Advocate Rahul Dev is a Patent Attorney & International Business Lawyer practicing Technology, Intellectual Property & Corporate Laws. He is reachable at rd (at) patentbusinesslawyer (dot) com & @rdpatentlawyer on Twitter.

Quoted in and contributed to 50+ national & international publications (Bloomberg, FirstPost, SwissInfo, Outlook Money, Yahoo News, Times of India, Economic Times, Business Standard, Quartz, Global Legal Post, International Bar Association, LawAsia, BioSpectrum Asia, Digital News Asia, e27, Leaders Speak, Entrepreneur India, VCCircle, AutoTech).

Regularly invited to speak at international & national platforms (conferences, TV channels, seminars, corporate trainings, government workshops) on technology, patents, business strategy, legal developments, leadership & management.

Working closely with patent attorneys along with international law firms with significant experience with lawyers in Asia Pacific providing services to clients in US and Europe. Flagship services include international patent and trademark filingspatent services in India and global patent consulting services.

Global Blockchain Lawyers (www.GlobalBlockchainLawyers.com) is a digital platform to discuss legal issues, latest technology and legal developments, and applicable laws in the dynamic field of Digital Currency, Blockchain Patents, Bitcoin, Cryptocurrency and raising capital through the sale of tokens or coins (ICO or Initial Coin Offerings).

Blockchain ecosystem in India is evolving at a rapid pace and a proactive legal approach is required by blockchain lawyers in India to understand the complex nature of applicable laws and regulations.

Often we come across multiple blogs and other related content (videos, images, presentations, documents, eBooks etc.) written by experts and it can get troublesome at times to read and grasp multiple such blogs at one go.

Industry experts are mostly reading and writing at the same time, so if valuable content is curated and presented smartly, it can boost effective knowledge sharing.

patent law firm

This article is aimed at compiling five (5) interesting blog posts pertaining to law and technology, covering diverse topics. Hope these blog posts form an interesting and valuable read:

a. 7 Considerations While Drafting a Non-Disclosure Agreement (NDA)

It is commonly observed that every business discussion between two parties requires disclosure (or exchange) of confidential information, which mandates the execution of a non-disclosure agreement (NDA), also known as the confidentiality agreement.

Parties execute the NDA to protect confidential and proprietary information shared by (and between) each party. In most cases, NDAs act as first step towards subsequent business agreements and contracts, which include additional provisions to cover complexities of business transactions between the parties.

While drafting a confidentiality (non-disclosure) agreement, it is crucial to ensure interests of both the parties is adequately secured by including the required provisions in a well-defined manner and excluding provisions that are not required. Read more here.

b. Your Ultimate Guide To Understanding IPR for Hardware – Patents | Trademarks | Designs | Copyrights

“80% of things that surround us are not made by God, they are made in China”. Considering the dynamically changing landscape of hardware products due to latest developments in technology and introduction of lean manufacturing methods, it has become feasible to launch a hardware business that solves a real world problem.

However, while starting a business involving hardware as core product, adequate considerations must be given to issues related to Intellectual Property Rights (IPR). Read more here.

c. Drafting Website Terms and Conditions – Important Legal Considerations – Free eBook

Website Terms: As businesses and marketplaces transition towards new age mediums such as web and mobile, complexities surrounding them also continue to grow.

Appropriate terms and conditions along with privacy policies are critical to every website and mobile application.

Important considerations while drafting terms and conditions for websites and mobile applications are discussed in this eBook. Read more here.

d. Where Patent Analytics Are Headed – Harnessing Power of Patent Analytics for Patent Strategy

Patent analytics can be used as a crucial tool to prepare innovation landscape for any particular technology, following which the retrieved data can be used for multiple purposes, such as, for example:

(i) To determine scale and intensity of patenting activity across a particular technology sector.

(ii) To assess level of collaborations between Industry, Academia and Government by specifically focusing on patents filed jointly as a result of research collaboration between public and private sector, along with universities.

(iii) To evaluate quality of patenting activity.

(iv) To identify target markets by determining white gaps between existing patents (including both granted patents and pending patent applications).

Read more here.

e. Filing International Trademark Application Under Madrid Protocol 

Madrid System, including Madrid Agreement and Protocol relating to Madrid Agreement, is an international treaty to facilitate international registration of trademarks and management of trademark applications.

Madrid Agreement and Madrid Protocol – Governing Treaties

The treaties provide an easy and cost effective way of filing international trademarks. Once the trademarks are registered by respective designated offices, the Madrid protocol further provides simple procedures to manage international registrations. Read more here.

About Us

Tech Corp Legal LLP is team of accomplished patent attorneys with expertise in Intellectual Property, Patent Strategy & Technology Consulting for formulating profitable & sustainable Patent (IP) Strategy. Our lawyers are invited as Patent Attorneys & Global Business Lawyers to speak at various International & Govt events, News Channels, International Conferences, CEO Workshops.

Our views and articles are regularly featured across national and international publications, including, Economic Times, Law Journals (IBA, LAWASIA), Tech Magazines, Digital News Network (DNA) Asia, BioSpectrum India, BioSpectrum Asia, HT Live Mint, Nature Journal, Entrepreneur Magazine etc.

We act as Patent Consultants & Legal Advisors to International Law Firms (Including Patent Attorneys), Executives, Technology Corporations, Investors, Entrepreneurs & Startups (US, EU, Asia Pacific & various Jurisdictions). Our practice areas include: Patents, Trademarks, Intellectual Property Rights Strategy, Technology Laws, Corporate & Securities Law, Ventures Capital Financing, Fundraising and International Business Advisory, Patent Portfolio Management, Copyrights

We have extensive experience with Global Patent Attorneys, In-house IP Counsels, CTOs, R&D Heads, Licensing Officers and our services include: Patent Law Opinion, Drafting Patent Specifications, Prior Art Searches, Patent Invention Disclosures, Novelty (Patentability) Analysis & Patent Infringement Research (analytics), Patent Litigation Evidence (charts), Patent Invalidation & Validation Analysis, Patent (IP) Landscape Analysis, Patent Prosecution & Opposition, Office Action Responses (USPTO, EPO, UKIPO), Patent Licensing Agreements, Freedom to Operate Analysis etc.

Our Technology Expertise includes: Software Patents, Wireless Communications Patents, Mechanical Patents, Healthcare, Life Sciences, Genetic Engineering Patents, Video (Mobile) Games, Mobile Apps, Cloud Computing, Digital Media, Biotechnology, Semiconductor & Medical Devices

We are registered as Patent Attorneys with Indian Patent & Trademark Office for Prosecuting Patent Applications, Hearings, Responding to Examination Objections, Trademark Applications etc. and member of Delhi High Court Bar Association. Our engagement models include: Contractual, Hourly, Per Project

Our specialties include: Litigation, Patent Litigation, Patent Infringement, Corporate & IP Strategy, Startups: Incorporation, Funding, Brand Management, Contracts & Agreements, Legal Research, SWOT, Corporate Governance, Due-diligence, Mergers & Acquisitions, Antitrust & Competition Laws, Regulatory Affairs, Freedom-to-Operate, Patent Drafting, Claim Drafting, Patent Searches, Office Actions Response, USPTO Patent appeal briefs, Patent Invalidation Analysis, Patent Opposition, Product-Claim Mapping, Patent Enforcement etc.

Feel free to discuss this topic on Twitter, Google+ and LinkedIn.

You can subscribe to our future content by submitting the form on this site.

To get in touch with us, please click here.

View our presentations here.

About the Author: Rahul Dev

Advice for Contacting

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

This is not a legal advice: Disclaimer, Non-Solicitation & Liability
Add to Flipboard Magazine.https://cdn.flipboard.com/web/buttons/js/flbuttons.min.js

Consult us now

Brand Protection can be leveraged by filing of Trademarks and additional protection can be availed by claiming legal protection of Product Packaging, Configuration & Appearance

trademark lawyer india attorney law firm

About the Author: Rahul Dev

Advice for Contacting

Engagements: Contractual Consulting, Hourly, Project Based

Contact Mode: LinkedIn or directly message here

Schedule a Consultation Now

Contact Us

Contact

+91 96502 47494

Contact

Level 18, One Horizon Centre,

Golf Course Road

DLF Phase 5, Sector 43

Gurgaon, Haryana 122002

India

Business Hours

Mon: 9:00 AM – 6:00 PM
Tue: 9:00 AM – 6:00 PM
Wed: 9:00 AM – 6:00 PM
Thu: 9:00 AM – 6:00 PM
Fri: 9:00 AM – 6:00 PM
Sat: 9:00 AM – 6:00 PM
Sun: Closed