Domestic
Maintaining & Prosecuting Intellectual Property (IP) Portfolios including filing, opposition, registration, renewal, assignment, transfer of IP, Cancellation & Rectification, Advising on IP commercialization, Enforcement and Protection of IP rights, Investigation and Due Diligence, Franchising Law, Licensing, Advertisement & Unfair Competition Law, Personality Right and proving full legal assistance in drafting and reviewing complex contracts.
International
International IP Filings & Registrations in foreign countries including the United States of America (USA), the United Kingdom (UK), the European Union (EU), African Subcontinent including Ethiopia, Zimbabwe, Nigeria, Zambia, Kenya, Malawi, Uganda, Egypt, Morocco, Mozambique, Namibia, Congo, Ghana, Mali, Niger, Nigeria, Swaziland, Somalia, Cape Verde, Tanzania and Djibouti, Middle East including United Arab Emirates, Iran, Saudi Arabia, Oman, Yemen, Kuwait, Lebanon, Qatar, Uzbekistan, Afghanistan and others, South-Asian Subcontinent, Turkey, Mauritius, Thailand, Bhutan, Myanmar, Pakistan, & other jurisdictions through our expert associates.
Intellectual Property Protection
Zeal Attorneys helps in successful commercialization of Intellectual Property Rights. We also help in checking the health of your IP portfolio and the remedies required to strengthen your intellectual property assets.
Efficient utilization of IP- IP creation, exploitation and commercialization
- IP Enforcement and Litigation
Trade Mark
Trade Mark does not only include words, device, brand, labels, tickets, and logos but also a variety of other things like signature, combination of colours, titles, heading, names, signatures, numerals, ticket, letters, shape of goods, packaging, sound and smell and sometimes even hashtags.
We provide our clients a variety of trade marks services including filing applications till registration under the national laws as well Madrid Protocol, searching and watching services; opinions, renewals; opposition and cancellation proceedings, drafting and filing of licenses, assignments, franchise agreements; registered user agreements, IP audits and due diligence; market research, investigations and raids; portfolio management and civil, criminal and administrative enforcement actions.
The use of trademarks as meta-tags or keywords is another way of use of trademarks as source identifier for promotion of brand through online medium. We assist our clients in ensuring that their trademarks are not employed by their competitors by way of keywords or meta tags.
Domain names refer to the unique name of your website which acts as a virtual address. We also deal with a variety of abusive domain name registration cases like Cyber-squatting, Typo squatting and Cyber smearing and assist our clients in both Uniform Domain Name Dispute Resolution Policy (UDRP) and .in Domain Name Dispute Resolution Policy (INDRP) proceedings.
Governing Law: Trade Marks Act, 1999; Trade Marks Rules, 2017
Validity of term and Renewal: Trade mark, once registered, is valid for a period of 10 years from the date of filing of application. The mark may be renewed every ten years.
Copyright
The digital environment has been changing rapidly. The ease with which the original content can be copied and shared online without giving due royalty and credit to the copyright owners has not only changed the magnitude and scale of harm to the copyright owners but also the previous methods and strategies of enforcing the copyright laws. We help our clients in devising and adopting the right copyright protection strategy which aims at reducing piracy and infringement risks as well as countering the menace in both online and physical world.
We provide a range of copyright services for literary (including software), artistic, musical and dramatic work, sound recordings and cinematography films. Our services range from filing, prosecution and registration of applications, rectifications action; portfolio management, IP audits and due diligence; licensing, assignment and pursuing civil, criminal and administrative enforcement actions to providing well researched opinions to clients, market research and investigation.
Governing Law: Copyright Act, 1957; Copyright Rules, 2013
Design
Design Law protects the aesthetic and ornamental value of a product, be it shape, configuration, pattern, ornament or composition of lines or colours applied to any article. Registration of design confers significant commercial advantage to the proprietor.
Design registration is mandatory in India and no right is granted under the Design law to unregistered design. We strongly recommend filing application for registration of a design before commercialization or public display of the article since commercialization or prior public display diminish the design right.
A design can range from a new product, article, packaging etc. which is new or original and has not been disclosed to the public. The design must be significantly distinguishable from known designs or combination of known designs for better marketing. Registration of a design protects the aesthetic and ornamental value of a product. We provide end-to-end drafting and filing services for designs registration along with providing legal advisories on the matter. We also provide assistance in filing and prosecution of applications, cancellation proceedings, searches, drafting of licenses and assignments, IP audits and opinions, examining the validity of design applications and accessing potential infringement cases.
Governing Law: Designs Act, 2000; Designs Rules, 2001
Validity of term and renewal: Upon the registration of a design, the proprietor is entitled to protection under the Design Act for 10 years. The Design registration may be further renewed for a period of 5 years.
Patents
In this ever-advancing innovative world, the need for patent registration, prosecution and litigation has grown tremendously. The Indian patent regime with international agreements and Conventions such as TRIPs and Paris Convention give Indian innovators strong patent protection in India and abroad.
At ZEAL, we provide assistance to creators and innovators throughout the world in protection, enforcement, prosecution, and litigation in matters of patent registration and infringements. We further provide legal advice to our clients in licensing, auditing, and undertaking technology transfer agreements related to their inventions.
We provide comprehensive patent prosecution services including search, filing under the domestic as well PCT regime, pre-grant and post-grant proceedings, dispute resolution, strategizing and advising, portfolio management and renewal of patents as well as enforcement actions.
Governing Laws: Patents Act, 1970; Patent Rules, 2013 and Patent (Amendment) Rules, 2024
Validity of term: A Patent, once granted shall be valid for a period of 20 years from the date of filing of the application. The renewal application has to be filed at the prescribed interval of years.
Geographical Indications
From Darjeeling tea to Kashmir Saffron, a number of products throughout India have gained legal protection to protect the heritage of products which are unique to their States. Geographical indications are signs that specify the geographical origins of a products that is unique to that particular place of origin. India protects GI tags with respect to architectural designs, textiles, agricultural goods, handicrafts and many other considerations.
We provide services ranging from identification, prosecution, drafting and filing of applications, to litigating against infringement of Geographical Indications. We have rich experience in representing producers, associations, organization or authority established by law seeking to apply for GI tags and representing clients before the Geographical Indications Registry based in Chennai and Court of Law throughout India.
Governing Laws: Geographical Indications of Goods (Registration and Protection) Act, 1999; Geographical Indications of Goods (Registration and Protection) Rules, 2002
Validity of term and renewal:
Geographical Indication tag, once obtained, is valid for a period of 10 years from the date of filing of application. The Geographical Indication tag may be renewed every ten years.
Trade Secrets
Trade Secret is a confidential and proprietary business information that gives business a competitive edge. A Trade Secret may be a process; commercial method; compilation of information; sales information; design; formula; practice; pattern; instrument; structures; models; techniques; processes; compositions; formulas; designs; drawings; specifications; data; documentation; diagrams; flow charts; research; development; procedures; know-how; photographs; circuits; existing or new product or existing or new technology information; product prototypes; product copies; manufacturing, development, or marketing techniques and materials; development or marketing timetables; strategies and development plans; customer, supplier, vendor, employee and other personnel lists and other information related to customers, suppliers, vendor, and employees or other personnel; pricing policies and financial information and other information of a similar nature; strategic goals; plans and initiatives; strategic partnership alliances and other alliances; information capable of being embodied in a patent application or copyright application or any international equivalent thereof; process description and production parameters; technical description and potential suppliers of equipment; and any other trade secret or non-public business information whether or not reduced to writing or other tangible form which is not generally known or reasonably ascertainable by others through which a business can obtain an economic advantage over competitors.
We help in protecting client’s Trade Secret/Confidential Information through the right strategies and processes including drafting and enforcing Non-Disclosure Agreements (NDA) and obtaining damages and injunction against the unauthorized disclosure of trade secrets.
Governing Laws: Indian Contract Act, 1872
Cyber Law
We take preventive measures in Legal & Information Security Services for managing internal cyber threats from employees, consultants, service providers, hackers and others.
We work against Cyber Bullying, Cyber Stalking, Online Job Fraud, Phishing, Online Extortion, Debit/Credit Card fraud, Impersonation, Ransomware, hacking, cryptocurrency crimes, Data Breach, Plagiarism (copyright) and other cyber-crimes. ZEAL has a rich experience of working with Police and cyber cells in such matters.
We also assist our clients in matters falling under the Information Technology Act, including matters related to intermediary liability.
Advertisement Law
ZEAL Attorneys assists its clientele in vetting/screening of advertisements and providing a comprehensive opinion that ensure their Brand’s optimization and ethical marketing. We also protect our clients from Disparagement claims in Comparative Advertising, misleading advertisements of the competitors and so on.
The scope of Advertising Law is extensive as it includes the print as well as electronic media wherein issues may arise due to IP violations, misleading and false claims or violations of provisions of the Consumer Protection Act, 1986 amongst others.
IP Investigations
Zeal is adept and specializes in providing skilled investigations including field and internet investigations, market researches and surveys. Our in-depth investigations play a vital role in ascertaining the following:
Scale of piracy of a work
Scale of counterfeit of a product
Identification of habitual infringers
Pros and cons of entering into a business
Relationship with a third-party
Ideal ways to protect infringement / passing off of IP in the market.
We often aid our clients in taking required action against infringers by assisting in conducting civil and criminal raids.
Custom and IP
We, at ZEAL, regularly assist our clients in ensuring that their IP rights are protected at the borders. We assist in Custom related work including IPR Recordal at the Customs and IP Compliances in relation to import and export of goods etc.
We aim to serve our clients with the best course of action to protect their IP rights from infringement and passing off during their international trade.
Enforcement of IP
Zeal is actively involved in ensuring that the IP Rights of its Clients are protected and takes recourse of the civil, criminal and administrative enforcement procedures and remedies. We ensure that all the possible remedial options are provided to our Clients.
With respect to the National IP Enforcement regime, the abolishment of the Intellectual Property Appellate Tribunal (IPAB) in 2021 came as a drastic change. The High Courts of Delhi and Madras have already put a substantial system in place to accommodate the changes that followed IPAB’s abolishment.
The Indian Trade Marks Act, 1999 provides for a punishment of imprisonment from 6 months to 3 years and/ or a fine ranging from rupees Fifty Thousand to Two Lakhs in cases of applying false trademarks, trade descriptions, etc. and selling goods for providing services to which false trademarks or false description is applied. In case of second or subsequent conviction in the aforesaid matters, the punishment of imprisonment ranges from 1 year to 3 years and/ or a fine ranging from rupees One Lakh to Two Lakhs.
The Indian Copyright Act, 1957 provides for a punishment of imprisonment from 6 months to 3 years and/ or a fine ranging from rupees Fifty Thousand to Two Lakhs in cases of offences of infringement of Copyright or other rights conferred under this Act. In case of second or subsequent conviction in the aforesaid matters, the punishment of imprisonment ranges from 1 year to 3 years and/ or a fine ranging from rupees One Lakh to Two Lakhs.
The Indian Designs Act, 2000 provides for a penalty of up to rupees Fifty Thousand (including contract debt and damages) for every contravention with/ without an injunction in cases of piracy of registered designs.
Contractual Drafting and Reviewing
Careful drafting and reviewing of contract minimizes the chances of disputes and conflict between the parties. Carefully drafted contracts can save time, money and enhance profitable business relationship.
We draft and review all kinds of agreements that form the foundation of our client’s business’ operations and protect their rights. Our domain includes:
- Shareholder Agreements, Share Purchase Agreements, Share Subscription Agreements
- Joint ventures, collaborations, Wholly Owned Subsidiary, Acquisitions related Agreements, Partnership Agreements
- Exit Agreements
- Privacy Policy and Terms of Use for Websites/App/Business
- Sale-Purchase Agreements
- Service Agreements
- Franchising Agreements
- Licensing Agreements
- Transfer and/or Assignment Agreements
- Brand Merchandising Agreements
- Influencer and Personality Rights Agreements
- Distribution and Supply Agreements
- Marketing Agreements
- Publishing Agreements
- Employee-Employer related Agreements
- Non-Disclosure Agreement and Non-Compete Agreements
- Terms of Service, Warranty Policy
- Wills and Power of Attorneys
- Many Others
Litigation & Dispute Resolution
Intellectual Property matters – both civil and criminal
Trademark & Copyright matters
Anti-counterfeiting matters
Civil and Commercial litigation including
Money recovery matters
Contractual breach cases
Property Disputes
Consumer Disputes
Criminal Litigation
Cheque Bounce matters
Arbitration and Conciliation matters
Cyber Crimes
Matrimonial matters
Restitution of Conjugal Rights
Annulment of Marriage
Judicial Separation
Divorce
Child Custody
Maintenance
Transport related matters
Insurance matters
Miscellaneous
- Registration of MSME, Start-up
- and ISO
- E-commerce and IP
- Personality Rights
- Search and Analysis
- Due diligence and IP audits
- IP Portfolio Management Services
- Plant variety and Farmer’s Rights
- Alternative Dispute Resolution and IP
- Legal Metrology Services and Packaging Laws
International Practice
Although IP laws and protection afforded to IP assets are national, the vast scope IP provides to businesses and trade (along with the associated benefits and issues) are inherently international. With the growing utilization of Internet, IP issues such as Infringement of rights have also become global in nature. Moreover, with the inter-continental business activities and international trade systems in place, IP issues become more glaring and relevant. In light of these, we assist our clients in protecting their IP rights through the extensive and tedious processes of imports and exports while ensuring their business’ growth. Since Intellectual Property knows no boundaries, Zeal is committed to service its clients regardless of jurisdiction and physical boundaries. Zeal provides services in multiple countries throughout the world through their experienced, diligent and well trusted business associates. Our clientele is spread across the globe including countries such as Belgium, Canada, Denmark, France, Germany, India, Japan, Luxembourg, New Zealand, Spain, South Korea, Sri Lanka, the United Kingdom, the United States of America, Yemen among others.
We provide extensive services in other jurisdictions of the world through our highly experienced, reputed and reliable foreign associates and partners in the African Subcontinent including Ethiopia, Zimbabwe, Nigeria, Zambia, Kenya, Malawi, Uganda, Egypt, Morocco, Mozambique, Namibia, Congo, Ghana, Mali, Niger, Nigeria, Swaziland, Somalia, Cape Verde and Djibouti and others, Canada, European Union, Middle East including United Arab Emirates, Iran, Saudi Arabia, Oman, Yemen, Kuwait, Lebanon, Qatar, Uzbekistan, Afghanistan and others, Philippines, South America, Turkey, Mauritius, Thailand, Bhutan, Myanmar, Pakistan, the United Kingdom and the United States of America and many more jurisdictions.
