Trademark Registration for Artificial Christmas Garlands Understanding the Importance of Trademark Registrati..
Trademark Case Lawyer Contact
Best Trademark Case Lawyer
- Advocate Chandra Kant (Trademark and Copyright)
- Delhi High Court and Bombay High Court
- Mb No-8802217111
- Email-info@businessmitra.com
- Trademark Case Settlement
- Defend a Trademark Case
- Send Trademark Notice
- Send Trademark Infringement Notice
- Send Passsing off Notice
- Send Cease and Desist Notice
- Reply to Legal Notice
- Reply to Trademark Notice
- Trademark Opposition Filing
- Trademark Opposition reply
- Best Opposition Lawyer
- Call / Whatsapp Now- 9711511700
Trademark Case Lawyer Contact No- 9711511700
Best Lawyer for Trademark Protection
Protecting Your Intellectual Property Rights
In today’s competitive marketplace, safeguarding your brand identity is critical. At Businessmitra, we specialize in providing expert legal services for trademark infringement and passing-off cases. From filing lawsuits under the Commercial Courts Act to mediation and settlement, our team of skilled lawyers ensures your intellectual property is protected at every step.
The Complete Process: Filing Trademark Infringement & Passing Off Cases
1. Filing a Suit Under the Commercial Courts Act
Trademark cases in India, such as infringement and passing off, are governed under the Commercial Courts Act. Here is the step-by-step process:
- Initial Consultation: Our team analyzes your case, including gathering evidence of infringement or passing off .
- Sending Cease and Desist Notice: Before filing a lawsuit, we issue a formal cease and desist notice to the infringing party. This notice outlines your claim and demands cessation of unauthorized usage
- Filing the Suit: If the infringer fails to comply, we proceed to file a lawsuit in the appropriate commercial court
- Claim Amount and Court Fees: The claim amount is determined based on damages, market impact, and goodwill loss. Court fees vary by jurisdiction but are generally calculated as a percentage of the claim amount
- Preliminary Hearing: The court evaluates the case and may grant interim relief, such as an injunction to prevent further infringement
- Trial and Judgment: Our lawyers present compelling arguments, supported by evidence and legal precedents, to secure a favorable judgment
2. Importance of Mediation Under Section 12A of the Commercial Courts Act
Mediation is a mandatory step before filing a suit under Section 12A of the Commercial Courts Act. This ensures that parties explore amicable settlements without engaging in prolonged litigation
- Benefits of Mediation: Saves time, reduces legal costs, and preserves business relationships
- Our Role: We facilitate mediation sessions, ensuring your interests are effectively represented
3. Cease and Desist Notices: A Strategic Pre-Litigation Step
Sending a cease and desist notice is a crucial step in trademark disputes. It serves as a formal warning to the infringer and often leads to resolution without court intervention. Our lawyers draft notices that are legally sound and assertive, ensuring maximum impact.
Jurisdiction of Courts in Trademark Cases
Understanding Jurisdiction for Filing Trademark Cases
Trademark suits can be filed in the jurisdiction where:
- The plaintiff resides or carries on business.
- The trademark is registered or applied for registration.
- The infringement occurred.
Relevant Judgments:
- In Indian Performing Rights Society v. Sanjay Dalia, the Supreme Court clarified jurisdiction in IP cases.
- The Delhi High Court in Bright Enterprises v. MJ Bizcraft emphasized the importance of goodwill and reputation in jurisdiction determination.
Costs Involved in Trademark Litigation
Breaking Down the Expenses
Filing and litigating a trademark case involves the following costs:
Claim Amount: Based on damages and loss of business.
- Court Fees: Ranges between 1-2% of the claim amount.
Professional Fees: Our fees are transparent and competitive, ensuring quality representation without excessive costs.
Why Choose Us?
Expertise You Can Rely On
With a proven track record in trademark litigation, [Your Firm Name] is your trusted partner for navigating complex legal processes. Our services include:
- Drafting and filing lawsuits under the Commercial Courts Act.
- Mediation and settlement assistance under Section 12A.
- Representation in court with comprehensive legal strategies.
Take Action Today
Secure Your Brand’s Future
Don’t let infringement or passing off damage your business. Contact us for expert legal advice and representation. Call us at 9711511700 or Email us to schedule a consultation today!
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- Completion date: 01-01-1970
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- Completion date: 01-01-1970
