Trademark Copyright Lawyer in Kota
Expert legal representation in Trademark Copyright Lawyer in Kota, Rajasthan
💬 Book Your AppointmentAdvocate Prakhar Gupta is an experienced Trademark & Copyright Lawyer based in Kota, Rajasthan, practicing since 2020 after graduating from NALSAR University of Law, Hyderabad. He files and prosecutes trademark and copyright applications, handles oppositions before the Trade Marks Registry, and conducts infringement suits before the Commercial Courts and the Rajasthan High Court under the Trade Marks Act, 1999 and the Copyright Act, 1957.
Why Choose Advocate Prakhar Gupta as Your Trademark & Copyright Lawyer
- NALSAR alumnus & 5+ years in practice — focused work in trademark & copyright lawyer matters across Kota district since 2020.
- Court-side expertise — regularly appears before the District & Sessions Court Kota, Family Court Kota, Consumer Forum, MACT Kota and the Rajasthan High Court Bench at Jaipur and Jodhpur.
- Drafting that holds up — pleadings, applications and notices that anticipate the other side’s response.
- Transparent fees — written engagement letter; no surprise charges.
- Reachable — same-day reply on WhatsApp/email for urgent matters; office in Kota for in-person consultation.
Trademark registration process
A trademark application is filed under Section 18 of the Trade Marks Act, 1999 through Form TM-A. Process: (i) search of the Trade Marks Registry; (ii) filing with class (NICE Classification, 1–45); (iii) examination by the Registrar — objection under Sections 9 (absolute grounds) and 11 (relative grounds) is common; (iv) reply within 30 days; (v) hearing if needed; (vi) advertisement in the Trade Marks Journal; (vii) opposition period of 4 months; (viii) registration certificate valid for 10 years, renewable.
Common trademark issues we handle
TM-O opposition replies; rectification under Section 57 (cancellation of fraudulent or wrongly registered marks); infringement suits under Section 134 before the Commercial Court at Kota (or District Court if below the threshold); passing-off action — common-law remedy available even for unregistered marks; well-known mark applications under Section 11(6); IP licensing and assignment agreements with Form TM-P recordal.
Copyright — automatic but better registered
Under the Copyright Act, 1957, copyright subsists automatically on creation of original work (literary, dramatic, musical, artistic, cinematograph film, sound recording). Registration with the Copyright Office is not mandatory but is strong prima facie evidence — Section 48 of the Copyright Act. Term: 60 years from death of author for literary etc.; 60 years from publication for cinematograph films and sound recordings.
Infringement remedies
Civil — injunction (most commonly sought), damages or account of profits, delivery up of infringing goods, anton piller-type search orders. Criminal — Section 63 of the Copyright Act, 1957 (up to 3 years imprisonment) and Section 103 of the Trade Marks Act (cognizable offence punishable up to 3 years). Commercial Courts under the 2015 Act have exclusive jurisdiction over IP suits above ₹3 lakh in value.
IP audits for Kota businesses
For Kota businesses growing pan-India — coaching institutes, food brands, jewellery, textile manufacturers, e-commerce sellers — we conduct IP audits: register brand names, logos and taglines as trademarks; copyright key training material, course content and software; file design registrations for product packaging; and capture all IP via written assignment from employees and contractors under Section 17 of the Copyright Act.
Frequently Asked Questions
How long does trademark registration take in India?
Currently 12–24 months from filing to registration certificate, assuming no opposition. The big variable is examination report — if objections are raised, expect 6–9 months of back-and-forth. Use of ™ is allowed immediately on filing; ® only after registration.
I have been using my brand for 10 years but never registered — what are my rights?
You have common-law rights of passing-off. Action lies under Section 27(2) of the Trade Marks Act, 1999. Sale figures, advertising spend, social media presence, and customer testimonials are the evidence to establish goodwill — see Cadila Healthcare v. Cadila Pharmaceuticals (2001) 5 SCC 73.
Someone has copied my product packaging — what should I do?
If your trade dress / packaging is distinctive, you have action in passing-off and (if registered) in trade-mark / design infringement. We typically file an ex-parte injunction application before the Commercial Court at Kota; courts grant restraint orders within days where prima facie copying is clear.
Can I copyright my YouTube video script?
Yes. The script is a literary work; the video itself is a cinematograph work. Both are eligible for copyright registration. Even unregistered, copyright subsists from creation. The registration creates strong evidence and helps in enforcement.
Trademark squatter has registered my brand in India — what now?
File a rectification petition under Section 57 of the Trade Marks Act, 1999 before the Registrar or the Commercial Court. Grounds: (i) registration without bona fide intent to use; (ii) non-use for 5 continuous years (Section 47); (iii) deceptive similarity to your prior used mark.
Speak to Advocate Prakhar Gupta
Office in Kota — consultations by appointment. Call, WhatsApp or email to discuss your matter. Urgent bail / interim matters handled on priority.
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