Question 1

What types of matters does CBhatt Law Office handle?

Accepted Answer

We are a full-service practice. The firm handles civil and commercial litigation, corporate and commercial advisory, dispute resolution and mediation, revenue and property-related matters, technology law, and the full spectrum of intellectual property work — including trademarks, patents, copyrights, and designs. If you are unsure which practice area your matter falls under, contact us and we will point you in the right direction.

Question 2

What is intellectual property law?

Accepted Answer

Intellectual property (IP) law governs the legal rights that arise from intellectual and creative activity. It covers trademarks (brand identifiers), patents (inventions), copyrights (creative works), and designs (product aesthetics). IP law enables creators and businesses to protect their innovations and prevent unauthorised use by third parties.

Question 3

How long does trademark registration take in India?

Accepted Answer

After filing, the Trade Marks Registry typically issues an examination report within 3-6 months. If the mark passes examination and is advertised in the Trademarks Journal, a 4-month opposition window follows. If no opposition is filed (or opposition is decided in your favour), registration is granted. The total process typically takes 18-24 months for a straightforward application, though this can vary.

Question 4

Do I need to register my trademark to protect it?

Accepted Answer

Registration is not mandatory for trademark protection in India — you may have rights under common law (passing off) based on prior use and reputation. However, registered trademarks are significantly easier to enforce, as registration creates a statutory presumption of ownership and gives you the right to sue for infringement.

Question 5

What can be patented in India?

Accepted Answer

An invention must be novel, non-obvious, and industrially applicable to qualify for a patent. India specifically excludes certain categories including mathematical methods, mental acts, discoveries of natural phenomena, computer programs per se, and business methods. Pharmaceutical compounds may face additional scrutiny under Section 3(d) of the Patents Act.

Question 6

How long is a patent valid in India?

Accepted Answer

A patent granted in India is valid for 20 years from the date of filing, subject to payment of annual renewal fees. If renewal fees are not paid, the patent lapses.

Question 7

Does copyright need to be registered in India?

Accepted Answer

No. Copyright protection arises automatically upon the creation of an original work — registration is voluntary. However, copyright registration creates a public record and provides evidentiary benefits in infringement proceedings. The Copyright Office maintains a register of works.

Question 8

How do I engage CBhatt Law Office?

Accepted Answer

You can contact us by phone, email, or through the consultation form on this website. After an initial consultation where we understand your matter, we will advise on the relevant legal issues and the proposed engagement. We handle matters across Ahmedabad, Gandhinagar, Mumbai, Delhi, Chennai, and Kolkata.

Question 9

Do you handle matters outside Gujarat?

Accepted Answer

Yes. While we are based in Gandhinagar, Gujarat, we handle matters nationally — including proceedings before courts and tribunals across India, and filings before the Trade Marks Registry, Patent Office, and Copyright Office.

Question 10

When should I consult a lawyer about a dispute?

Accepted Answer

As early as possible. The choice of forum, the framing of the claim, limitation periods, and the evidence preserved at the outset all significantly affect the outcome of a dispute. Early advice also opens options — such as negotiation or mediation — that may narrow or resolve the matter before litigation becomes necessary.

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