Smita’s area of practice involves trademark oppositions and cancellations, including drafting and filing notices of opposition, counter statements, affidavits by way of evidence, affidavits in reply, seeking interviews and attending hearings before examiners/officers/arbitrators at the respective authorities.
She conducts searches and provides clearance opinions for the availability for use and registration of trademarks, services marks, geographical indications, trade-names, domain names, gTLDs, ccTLDs and industrial designs, based on searches at the TM Office database, Design Office database, GI Registry database, WhoIs search, MCA database search, online investigations, market enquiries and surveys, common law sources, searches for International Non-proprietary Names (INNs) and INN stems, etc. She conducts design mark searches using the Vienna Design Codification system. She advises client on availability for exclusive use of marks and likelihood of registration, of successfully overcoming an objection/challenge by Examiner or third party based on existing marks and of successfully challenging any third party against infringing use.
Smita has experience in drafting and filing domain name administrative proceedings under the .IN Domain Name Dispute Resolution Policy (INDRP) and the Uniform Domain Name Dispute Resolution Policy (UDRP).
Smita also assists in enforcement actions such as sending Legal Notices (Cease and Desist - cum - Demand letters), conducting on-site investigations, registering marks and copyrighted work with custom authorities to prevent import of infringing/pirated products, conducting negotiations, sending notices to ISPs (Internet Service Providers), conducting raids and taking suitable steps at various fora such as the Trademarks Office, Copyright Board, the IPAB (Intellectual Property Appellate Board), NIXI (National Internet Exchange of India), the CLB (Company Law Board), the CAT (Cyber Appellate Tribunal), the Central Board of Excise and Customs, the Controller of Certifying Authorities, etc.
• Negative Covenants In Employment Contracts: Issues, Validity And The Garden Leave Clause, Civil Law Times (CLT), I (2012) CLT 1 (JS)