Aggressive legal action to stop design piracy, enforce your rights in court, and strike down invalid registrations.
Discovering that a competitor has registered a design that is not truly original can threaten your business and market share. While industrial designs in India cannot be opposed before they are registered, any aggrieved person has the statutory right to file a formal opposition (cancellation petition) to challenge a design after it has been officially granted.
If you are aggrieved by the wrongful grant of a design, we assist you in filing a formal application before the national design office to officially oppose its validity.
We meticulously evaluate the granted design and build a case based on concrete legal grounds. We help prove that the design lacks true novelty, is old and conventional, or was already published.
A successful opposition relies entirely on the strength of the proof provided. We gather robust evidence, prior art, and publication records to clearly demonstrate the violation.
Our experienced IP attorneys present your objections and evidence compellingly before the authorities. We aggressively argue your case to ensure the invalid design is officially struck down.
Securing a Design Registration does not always stop competitors from trying to challenge your success. Under Indian law, aggressive rivals can file a formal opposition (cancellation petition) against your registered design in an attempt to have it struck from the official records. If your design is targeted, a swift and aggressive legal defense is required.
We meticulously analyze the opponent’s claims and draft a robust, legally sound counter-statement that systematically dismantles their arguments point-by-point.
Opponents typically claim your design lacks novelty. We help you compile concrete evidence and distinct visual comparisons to conclusively prove that your design is entirely unique.
Defending your design is highly time-sensitive. You typically have just one month to file your official counter-statement. We ensure your defense is prepared flawlessly and filed strictly on time.
Once all written replies and evidence are submitted, the Controller will call a formal hearing. Our expert IP litigators actively represent you to ensure the opponent's petition is dismissed.
Securing a Design Registration grants you the exclusive, statutory right to apply your unique design to your products. When an unauthorized individual or competing business copies, applies, or imports the registered shape, configuration, or pattern of your design for commercial gain, it constitutes design infringement—legally referred to as the piracy of a registered design.
We help you take action against any party involved in the unauthorized manufacturing, importing, or selling of products that bear an obvious imitation of your registered design.
Our legal team moves swiftly to serve strict Cease & Desist notices to the infringing parties, demanding an immediate halt to the unauthorized use and sale of your IP.
Through court intervention, we assist in obtaining specialized legal orders to trace, physically seize, and recover the counterfeit materials directly from the violator's premises.
Our enforcement strategy aggressively pursues litigation to ensure you are awarded appropriate financial compensation and damages for the revenue and market exclusivity you lost.
When competitors intentionally copy your registered design to gain an unfair market advantage, aggressive court action is often the only way to protect your business. Filing a formal infringement lawsuit before a competent commercial or civil court allows you to legally enforce your exclusive rights and put an immediate end to the piracy.
We move swiftly to file legal petitions seeking immediate temporary and permanent injunctions. This legally restrains the infringing individuals or businesses from manufacturing, selling, or advertising the copied designs.
To prevent the destruction of evidence and stop counterfeit products from hitting the market, we assist in securing specialized court orders. These allow for the physical raid, seizure, and confiscation of the infringing materials.
Our litigation strategy goes beyond simply stopping the unauthorized use. We aggressively pursue the recovery of financial damages, ensuring the violating party fully compensates you for the lost profits.
From drafting the initial lawsuit to presenting complex visual evidence and cross-examining opposing claims, our experienced IP litigators handle the entire trial process to secure a decisive victory for your brand.
A design registration is not immune to legal challenges. If a competitor has wrongfully registered a design that actually belongs to you, or if they have patented a shape that was already public knowledge, you do not have to accept it. Under the Indian Designs Act, 2000, you have the statutory right to file a legal petition to rectify the official records or completely cancel the invalid registration.
Under Section 19 of the Act, we can help you file a formal cancellation petition if the competitor’s design falls under any of the following categories:
The design was already registered in India before their filing date.
The design was already published or known to the public prior to their application.
The design is not genuinely new or original, but a slight variation of a known shape.
The design is a mechanical contraption, meaning it is not legally registrable as aesthetic.
If a registered design contains false claims regarding ownership, we can file a Rectification Petition to force the authorities to correct, modify, or strike out the wrongful entry.