Intellectual Property & Patent Litigation | Techno-Legal Advocate

Overview

In the modern digital and industrial economy, Intellectual Property is more than just a certificate, it is the core value of your business. As an Engineer-turned-Advocate, Advocate Vivek Malhotra provides a unique Techno-Legal advantage.

We don't just understand the law; we understand the technology behind your inventions. This dual expertise is critical in Patent Infringement, Trademark and Software Copyright disputes where a deep understanding of technical specifications and code is necessary to build a winning legal strategy.

We represent clients before the Intellectual Property Division (IPD) of the Delhi High Court for complex patent and trademark appeals and infringement suits.

Comprehensive IPR Services

• Patent Litigation & Advisory: Expert representation in patent infringement suits, prior art searches, and patentability opinions. We bridge the gap between complex engineering concepts and the courtroom.
• Trademark Enforcement: Handling the full spectrum from trademark search and filing to high-stakes Trademark Infringement and Passing Off litigation.
• Copyright Violations: Protecting creative assets, software source codes, and digital content from unauthorized use and piracy.
• Design Protection: Registration and enforcement of Industrial Designs under the Designs Act.
• Trade Secrets & Confidentiality: Drafting robust Non-Disclosure Agreements (NDAs) and litigating trade secret theft.
• IP Commercialization: Drafting and vetting Licensing Agreements, Technology Transfer Agreements, and Franchise models.

Handling Patent & Trademark Disputes

When your rights are violated, swift and technically sound action is required. We specialize in aggressive IP enforcement:

• Infringement Analysis: Using technical knowledge to prove "Claim Mapping" in patent disputes or "Deceptive Similarity" in trademark cases.
• Civil Remedies: Filing suits for Permanent Injunctions, rendition of accounts, and recovery of damages.
• Anton Piller & John Doe Orders: Obtaining court-appointed commissioners to raid premises and seize infringing goods to preserve evidence.
• Alternative Dispute Resolution (ADR): Negotiating IP settlements and mediation to resolve disputes efficiently without prolonged litigation.

How to register a trademark?

Registering a trademark is a crucial step to protect your brand name or logo. As your Trademark Lawyer in Chandigarh, we simplify this multi-step process:

1. Trademark Search: We conduct a thorough search of the trademark database to ensure your proposed mark is unique and available for registration.
2. Application Filing: We prepare and file the application. Chandigarh, Punjab, and Haryana fall under the jurisdiction of the Trademark Registry in Delhi.
3. Examination: The Registry examines the application for distinctiveness and may raise objections. We draft and file strong replies to these examination reports.
4. Publication: Once accepted, the mark is published in the Trademark Journal for a period of four months, during which third parties can file an opposition.
5. Registration: If no opposition is filed, or if an opposition is successfully defended, the trademark is registered, and a certificate is issued.

How to handle trademark infringement?

If another party is using your registered trademark without permission, it constitutes infringement. We take swift action:

• Cease and Desist Notice: We send a strong legal notice demanding the infringer to stop using your mark and pay damages.
• Infringement Suit: If the notice is ignored, we file a Trademark Infringement Suit in the District Court or the High Court of Delhi.
• Interim Injunction: We seek an immediate stay order (injunction) to stop the infringer from continuing their activities during the pendency of the suit.

For unregistered but well-known marks, we can file a Passing Off injunction suit to protect your brand's goodwill and reputation.

How much does trademark registration cost?

The cost of trademark registration is divided into two parts:

• Government Fees: For individuals, startups, and small enterprises, the government fee for e-filing is ₹4,500 per class. For other entities, it is ₹9,000 per class.
• Professional Fees: This covers the lawyer's fees for conducting the search, drafting the application, filing it, and responding to any objections from the registry. We offer transparent and competitive pricing based on the complexity of the application. Get in touch.