Legal Services

Lets read about Intellectual Property(IP)

Our services include a Patent law firm, international Intellectual Property law firm, and Top international IPR law firms to our global clients at affordable prices in India & across the globe. We provide a complete range of services in the field of Intellectual Property Rights according to the requirements of our clients in order to safeguard their Intellectual Property Rights (IPR) as well as business interests.

Our IPR services cover the following IP:

  • Patents
  • Trade Marks
  • Copyrights
  • Designs and trade secrets
  • Domain name registration
  • Geological indications

We advise and assist our clients in

  • Drafting, Filing, Prosecution, and opposition of applications of Trademarks, Patents, Copyrights, Geographical Indications, Domain Names, Business Processes, including the filing of PCT applications for Patents
  • Search and intelligence services including due diligence, investigation, market surveys, negotiations for co-existence agreements and buy-outs
  • Drafting of various Agreements pertaining to Assignment and Licensing of Intellectual Property Rights and providing advisory services on different transactional work involving IP Rights
  • Execute all formalities with respect to enrolment and litigation matters of Trade Marks and Service Marks, along with drafting technology transfer and licensing compliances, an estimate of intellectual property of our clients
  • Representation before and Liaoning with various authorities such as Trade Mark Registry, Copyright Office, Geographical Indications Registry, National Informatics Centre and Intellectual Property Appellate Board (IPAB)
  • Senior Attorneys with many years of government and industry experience understand the intricacies of litigation involving issues around Intellectual Property Rights. We have been handling various disputes related to IPR infringements which include representing our clients before various courts, authorities, and forums in complex litigations issues, appeals and opposition proceedings. Our deep understanding of Patent Laws, coupled with knowledge of science and technology enables Maheshwari & Co. to deliver positive results to the needs and satisfaction of clients.

Where are NRI Legal Services in India

we are involved with serving many of the Indians living in the UK, USA, and Canada by assisting them in understanding the complexities and consequences of the legal matters already pending or simultaneously arising in the different courts of India. It is our endeavor to make our clients familiar with the Indian laws and the legal system and simplify the process of their proceedings.

Therefore, most of our clients do not require a visit to India to attend their legal affairs as we shall take care of things for them. We will ensure that the needful is done in your case depending on what course of action would be in your best interest.

OUR SERVICES

  • 1. To represent our clients in various courts in relation to legal disputes /cases.
  • 2. To file various documentation on behalf of clients
    • (a) Written statement
    • (b) Reply
    • (c) Affidavits
  • 3. Wills
  • 4. Power of Attorney
  • 5. Company formation in India /Joint Ventures /Making Investments
  • 6. Pan Card /Adhar Card
  • 7. Property management ;
    • (a) Transfer of Property
    • (b) Partition of property
    • (c) Property Search
    • (d) Evaluation of property
    • (e) Buying and selling property
    • (f) Litigation pertaining to land and property disputes
  • 8. Matrimonial matters /Divorce proceeding / Child custody /Settlement .
  • 9. Landlord-tenant dispute.
  • 10. Writ petitions
  • 11. An appeal in the High Court
  • 12. Criminal Matters /Complaints /Bails/Appeals
  • 13. Immigration and citizenship issues.
  • 14. Adoption
  • 15. OCI Applications

It will also be our endeavor that where there is a possibility we will make an effort to resolve your matter through Mediation/Out of court. Our main aim and goal is an amicable settlement and your peace of mind.

Trademark Registration

How to do Trademark Registration

Trademark Registration Online in, India is most important for any business. Each type of business who wants to secure their brand name and logo of the company, they have to just go for Online trademark registration in India. Trademark Registry gives the protection of each brand name with the logo in their respective trademark class.

The Trademark Law in India at governed by Trademarks Act, 1999 along with the rules Trademarks Rules, 2017. A trademark is a distinctive sign or symbol that an individual, company or business organization uses on its products to distinguish their goods/services from those of others.

The main purpose of having a trademark is to distinguish the origin of goods and services as it helps the customers to differentiate between various products available in the market. It also acts as an advertisement for the products which ultimately increases the sale and generates goodwill of the trader.

In case of dispute related to the use of trademark, the strength, and popularity of the trademark is one of the factors courts will analyze to determine if you can stop another from using your trademark. A good trademark should be distinctive and not too close to the already existing trademark, easy to remember and short.

A trademark can be registered online as well as offline. However, filing an application online is beneficial because as per Trademark Rules, 2017, a 10% discount in fee can be availed by applicants who file electronically.

Information required to register a trademark includes name and address of the applicants and other persons in full, along with their nationality (in case of a partnership firm, full name and nationality of every partner thereof shall be given), TM-48 or Power of attorney in case a trademark application is filed by a person other than the trademark applicant. If the application is to claim priority from an earlier filed convention application, details of that application are also required (application number, filing date, country, and goods/services), date of first use of a mark, if at all used, fees that is required for registration, details of goods or services that is proposed to be registered, soft copy of the logo in JPEG format an affidavit and supporting documents (only when the trademark is already in use).

 The duration of trademark registration is 10 years from the date of application which can later be renewed for a further period of 10 years. The application for renewal (Form TM-R) along with the renewal fee can be made prior to the date on which renewal falls due.

 A trademark is designated different symbols such as a small TM i.e. ™ for trademarks which are not registered and small R enclosed in a circle i.e. ® for registered trademarks.

Procedure to Register Trademark:

Step 1: File an application for the registration of a trademark on Form TM-A along with fees and all the documents, after which an application number will be allotted.

Step 2: The Trademark Office will issue an examination report after checking all the formalities. If an objection is raised in the report then an appropriate reply is to be filed within 1 month from the date of receipt of the examination report and a hearing with the examiner may be called. If the application is still refused, then an appeal can be made to the Intellectual property appellate board. However, in case of no objection in the examination report, a trademark is published in the trademark journal for a period of 90 days for the general public to raise an objection, if any.

Step 3: If the general public does not object within 90 days of publication, the mark will be registered within 12 weeks’ time. However, if it is objected, then a hearing will be called and both the parties have to appear before the court.

What are the information Law

We are one of the leading IT Law Firms in India. Information Technology is an integral part of today’s globalized world. We at Kainth Consultants handle a range of issues related to:

  • The permanent establishment of software and infrastructure
  • Transfer pricing
  • Intellectual property
  • Privacy
  • Data protection
  • Confidentiality and information security
  • Software piracy, etc.

Rated amongst the best IT law firms in India, we combine our practical industry knowledge with intensive research to help our clients in the protection of legal, regulatory and taxation matters arising from computing and convergence of information technology. Our team of lawyers also assists clients in matters like:

  • Cyber laws (hacking, domain names, etc.)
  • Protecting brands and ideas
  • e-Commerce contracts
  • Software development and licensing
  • Software and website development agreements (hardware maintenance and system supply, beta testing, broadcasting/ satellite, and digital terrestrial agreements, etc.)
  • Legal compliance and regulatory advice
Infrastructure Law

What is Infrastructure Law

Kainth Consultants provides assistance in setting up Infrastructure Projects in India. The firm has associations with various experts from sectors of Power, Telecom, Real Estate, Roads and Highways to provide advice on Technical, Financial, Collaborative and other aspects.

The assistance for the same offered by the firm revolves around the following areas:

  • Assistance in identifying opportunities in India and understanding the regulatory atmosphere
  • Assistance in conceptualization and documentation necessary for setting up infrastructure projects
  • Drafting, vetting and advising on multiple agreements such as Collaboration Agreement, Consortium Agreement, etc.
  • Preparation of Bid Documents for procuring Engineering and Construction Contracts
  • Legal assistance in Environmental Compliances, Contracts and Regulatory Matters in Public-Private Partnership Projects
  • Advice on diverse laws relating to land acquisition, FDI policy in India, etc.