Intellectual Property protection is an integral pillar of our firm’s heritage. The foundation of this practice was laid by Late Adv. Mohan P. Mirchandani (Founder, M. P. Mirchandani & Co.), who devoted over six decades to intellectual property advisory, advocacy, trademark, patent, copyright, geographical indication and industrial design registration in Mumbai and across India. Today, Mirchandani Advocates & Co., led by Adv. Bharat M. Mirchandani, combines this institutional knowledge and legacy with modern enforcement strategies before the Intellectual Property Division of the Bombay High Court and the Indian Intellectual Property Registry.

We provide full-spectrum Intellectual Property Rights Protection for brand owners, startups, corporations, creators, and technology enterprises, spanning clearance searches, statutory prosecution, registry hearings, and civil enforcement.

Core Intellectual Property Verticals

1. Trademark Prosecution & Opposition Proceedings

• Conducting comprehensive availability and conflict searches across Nice Classification classes (Classes 1–45).

• Filing applications, drafting responses to Examination Reports, handling show-cause hearings, and securing registration certificates before the Trade Marks Registry in Mumbai and across India.

• Drafting and prosecuting Notices of Opposition (Form TM-O), counter-statements, evidence affidavits under Rules 45, 46, and 47 of the Trade Marks Rules, 2017, and rectification petitions.

2. High Court IP Litigation & Commercial Division Enforcement

• Institution and defense of Trademark Infringement and Common Law Passing-Off suits under Sections 29, 134, and 135 of the Trade Marks Act, 1999 before the Commercial Division of the Bombay High Court.

• Securing urgent ex-parte ad-interim injunctions restraining the manufacture, distribution, marketing, and sale of counterfeit or deceptively similar goods.

• Seeking appointment of Court Receivers/Commissioners with police protection to seize counterfeit stocks and accounting books) and dynamic injunctions against unknown or digital infringers.

3. Patents, Copyrights, Industrial Designs, Geographical Indications & Trade Secrets

• Securing statutory copyright protection for literary works, artistic creations, cinematographic films, sound recordings, and proprietary software under the Copyright Act, 1957.

• Enforcement against digital copyright piracy, unauthorized reproduction, and software infringement.

• Industrial design filings under the Designs Act, 2000, trade secret non-disclosure frameworks, IP licensing, and assignment agreements.

Intellectual Property Protocol

1. Clearance & Risk Evaluation: Evaluating distinctiveness, prior third-party citations, and registrability under Sections 9 and 11 of the Trade Marks Act, 1999.
2. Registry Practice: Diligent prosecution, meeting non-extendable statutory response deadlines, and advocacy before Hearing Officers.
3. Litigation Readiness: Fast-track collection of market purchase invoices, chartered accountant turnover certificates, and evidence of deceptive similarity.
4. Commercial Enforcement: Swift court motion for search, seizure, and interim injunctions to prevent brand dilution.

Frequently Asked Questions (FAQ)

Q. What judicial remedies and emergency orders are available in Trademark Infringement suits before the Bombay High Court?

Direct Legal Assessment: Under Sections 134 and 135 of the Trade Marks Act, 1999 read with the Commercial Courts Act, 2015, an aggrieved trademark proprietor can institute an infringement and / or passing-off suit before the Commercial Division of the Bombay High Court. Available judicial reliefs include urgent ex-parte ad-interim injunctions, search and seizure orders including appointing a Court Receiver with police assistance to seize counterfeit goods, injunctive orders against anonymous infringers, and orders directing the rendition of illicit accounts or the award of damages.

Q. What is the statutory procedure and timeline for Trademark Opposition before the Trade Marks Registry Mumbai?

Direct Legal Assessment: Under Section 21 of the Trade Marks Act, 1999 read with Rule 42 of the Trade Marks Rules, 2017, any person may file a Notice of Opposition (Form TM-O) within a strict, non-extendable period of 4 months from the date the mark is advertised in the Trade Marks Journal. The applicant must file a Counter-Statement within 2 months of receiving the notice, failing which the application is deemed abandoned under Section 21(2). Subsequent stages involve evidence in support of opposition (Rule 45), evidence in support of application (Rule 46), and a final hearing before the Trade Marks Registry.

Disclaimer: This overview is published solely for informational purposes in compliance with Rule 36 of the Bar Council of India Rules. It does not constitute legal advice, solicitation, or advertisement. Accessing this page does not establish an attorney-client relationship.