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Digital Presence

There is a noticeable steady upward graph of the digital presence of lawyers. It is the need of the hour, when Clients prefer online management of their case.


When you are amongst 2000 of your own fraternity, there is a seamless opportunity to network with each other and build an efficient eco-system.

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In case you require assistance at any point, our case follow-up manager will coherently guide you through it and acts as a point of contact between you and the client.

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Since digital presence is being accepted everywhere, it is important to not only have a presence but also to accommodate better visibility of your profile.

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LegatoApp is a legal tech company that focuses on creating technology developments in order to make access to the legal industry, easy for lawyers. In order to provide the Clients with adequate legal services with the help of tech and non-tech features, you can collaborate with LegatoApp for better visibility, viable work and Client exposure.

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Intellectual Property: Registration and Effects

This blog will help you understand the process of registration of your IP, and the effects of its non-registration. If you are here because you are aggrieved by the infringement of your IP, scroll down to know your rights, and understand the steps to be taken in case of such infringement.

First things first, you need to know the nature of your IP to get it registered. After determining which category they fall into, you can follow the steps provided below to get your IP registered with the relevant authorities.

Trademarks Registration

As per Section 2(1)(m) of the Trademarks Act, 1999, a mark includes “a device, brand, heading, label, ticket, name, signature, word, letter, numeral, shape of goods, packaging, or combination of colors or any combination thereof”. So if any of your IP falls under any of the above-mentioned categories, you can get it registered as a trademark with the Trademark Registry India. A trademark is valid for 10 years from the date of the Certificate of Registration. However, it is renewable upon application.

Steps to get it registered:

  1. Public Search: Conduct a public search of your trademark to check if it is already registered by some other company/brand. If the trademark is registered, you cannot get a similar mark registered for yourself. Consider trying other alternatives that suit your requirement.
  2. Filing: After confirming the uniqueness of your mark, you can proceed to file your trademark with the Registry. There are five regional offices located in Ahmedabad, Chennai Delhi, Kolkata, and Mumbai. However, the application can be filed online as well. The application shall require you to give details about the mark, your product/service, and its type. The documents that you will require for such filing shall include your identity proof, PAN card, Aadhar card, Passport, applicable logos files, or Certificate of Incorporation if you are registering on behalf of a company. After completion of the filing, you will receive an acknowledgment receipt of the same.
  3. Verification: The verification of your application, and documents can take anywhere between 3-18 months. This verification is conducted by an Examiner that conducts the process of inspection of these documents. This verification is aimed at verifying your credentials, the genuineness of your application, the uniqueness of your mark, and the originality of your documents.
  4. Grant: There are three possible results of the inspection process. First, your application gets accepted. Second, your application is conditionally accepted. Third, it is rejected. If your application is accepted, then it gets published in the Trademark Journal of the Registry. You will then receive a certificate of registration from the Registrar. If your application is conditionally accepted, then you will be required to address the objections of the Examiner and only upon the satisfaction of these conditions laid forth by the Examiner, your application will be accepted. If your application is rejected, then you may request a hearing wherein you can represent your case and defend your application.

Effect of Non-Registration and Infringement

As per Section 27 of the Trademarks Act, no infringement can be claimed in case a mark is not registered. This implies that no proceedings can arise in a case where no trademark is registered in the first place. Damages can only be claimed against infringement of a registered trademark. If your trademark is registered, and you find out that someone has been using that mark, or a deceptively similar mark, then you can institute proceedings of infringement against the person for such use before a competent court.

Copyright Registration

A copyright can be granted over various materials such as artistic works, literary works, musical works, etc. Copyright ensures that a creator’s interests are protected and they have control over the production, reproduction, or adaptation of their work. However, copyright cannot be granted over an idea; rather, it is granted over its expression in some tangible form. The author, or the original owner, or the authorised agent of either of the two can apply for the registration of the copyright.

Steps to get it registered:

  1. Filing: If you wish to register your work, you will be required to file your application by filling out an application form. This can be done either by visiting a copyright office or through the official website. In the application, you shall be required to submit the details of your work along with documents such as address proof, copies of the original work, the language of the work, date of publication, disclosure of interest, etc. The type of documents required shall be subject to the kind of work that you are seeking a copyright for. For cinematographic, musical, artistic, etc., other documents relevant to the nature of the work may also be required to be submitted.
  2. Verification: After the application is submitted, the contents of the same, along with the documents submitted shall be examined and verified. This process takes a minimum of one month.
  3. Grant: Upon examination and verification, if no objections are raised, the certificate f registration shall be issued by the Registrar upon its satisfaction. If objections are raised by any party, then a hearing shall be called upon, based on which it is decided if a registration certificate shall be granted or not.

Effect of Non-Registration

Primarily, an infringement suit can only be bought upon if the copyright is registered. This is due to Section 48 of the Copyrights Act, which states that the Register of Copyrights acts as prima facie evidence of the particulars entered therein. In case you have a registered copyright, and it is being infringed upon, you can resort to the remedies under Chapter XII of the Copyrights Act. It provides for civil remedies of injunction and damages, protection of separate rights, and the author’s special rights. One can file a suit and initiate proceedings under the district court having jurisdiction over the matter.

Patent Registration

A patent, as defined under the Patents Act, 1970 means “a patent for any invention granted under this Act.” An invention means “a new product or process involving an inventive step and capable of industrial application”. To apply for a patent, you need to be either the inventor, the assignee, or the legal representative of the inventor.

Steps to get it registered:

  1. Ensuring Uniqueness and Novelty: The first step in the registration of a patent is to ensure that the product/step is new, unique, and qualifies to be an invention. Moreover, it should not fall under the categories specified under Section 3 of the Patents Act. You can ensure the same by conducting a patentability search.
  2. Filing: The patent application is required to be filed with the Patent office. The application must contain the title, preamble, loopholes in the prior art, solutions, and summary of the inventions and their particulars, claims, and examples. A provisional as well as a full application is required to be submitted. The patent application needs to be submitted in several forms which contain details of the inventor, specifications of the invention, technical information, declaration of inventorship, statement, undertaking, and other compliance documents.
  3. Application Publication: Upon the filing of the application, the Indian Patent Office, after 18 months (earlier, if requested), publishes the application in the patent journal.
  4. Verification: In this step, the application is examined and documents are verified. If there is any objection by the examiner, the applicant must respond to those objections within 6 months from the issuance of the report of the objections by the examiner. An additional period of 3 months may be allotted for submitting the responses to such objections.
  5. Grant: If all compliances are met and objections are resolved, the patent office grants the patent registration to the applicant.
  6. Publication: Upon the grant of patent registration, it is published in the patent gazette by the Indian Patent Office.

Effects of Non-registration

There can be no claim against any party for any infringement if an invention is not registered as a patent with the Indian Patent Office. In case you have a patent registered, and you find that someone is infringing upon the same, you can initiate proceedings under the District Court having jurisdiction against the said infringement.


The best way to protect your intellectual property is to get it registered with the relevant authorities. It is wise as one cannot make a claim of infringement over an IP that is not registered. Moreover, due to the digitalization and e-filing facilities, one can file an application for registration of IP online on official websites by themselves or through their authorized representatives.


This blog is written and published for informational and awareness purposes only. If you are a victim of IP infringement or want to get specific advice about the registration of your IP, connect with a lawyer or legal expert to address your concerns. This blog must not be treated as legal advice in any scenario.

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Clearance to get a Passport and Visa during the pendency of Criminal Cases

The fundamental rights guaranteed by the Indian Constitution in Part III are a cornerstone of Indian democracy and, thus, play a significant role in protecting the individual rights of citizens. The right to hold a passport is one of those essential rights that are guaranteed to citizens of India under Article 21 of the Indian Constitution. A passport is an official government document that enables an individual to travel internationally and serves as proof of identity and citizenship.  A visa, on the other hand, is a document issued by a government that allows an individual to enter, stay, or leave the country for a specific purpose, such as tourism, work, study, or immigration. Hence, both documents equally serve as needful documents to individuals who wish to travel overseas for various reasons such as education, employment, business, medical treatment, and tourism. The right to hold a passport, like all other fundamental rights, is not an absolute right and is subject to reasonable restrictions imposed by the government in the interest of national security, public order, morality, and prevention of crime. This article attempts to draw an understanding of the right to hold a passport and further elaborates on the court procedure to be followed for obtaining passport and visa clearance in the scenarios of pendency of criminal cases.

The right to hold a passport has seen primary development through the landmark judgement of Maneka Gandhi v Union of India (AIR 1978 SC 597). The Hon’ble Supreme Court indulged in a liberal interpretation of Article 21 and observed that the right to hold a passport is a fundamental right under Article 21.

The Maneka Gandhi case had far-reaching implications for the interpretation of Article 21 of the Indian Constitution. Article 21 guarantees the right to life and personal liberty, including the right to travel freely within the nation and abroad.

Maneka Gandhi, a journalist, and activist had her passport confiscated by the Indian government without any prior notice or explanation. She challenged this action in court, arguing that her right to personal liberty was being infringed. The Supreme Court, in its judgment, held that the right to personal liberty under Article 21 also includes the right to travel abroad. The court held that the government could not impound a passport without allowing the individual to be heard and explaining the reasons for such action. In addition to the facts of this ruling, the court also emphasized the importance of the rule of law and due process, stating that any action that deprives an individual of his/her rights must be taken per the law and subject to judicial review. The case was significant because it extended the scope of Article 21 and recognized that the right to personal liberty includes rights such as the right to travel abroad, privacy, and a fair trial, by duly focusing on the vitality of due process and procedural fairness in the exercise of state power and laws.  This case marked a crucial milestone in the development of Indian constitutional law. Additionally, it was also relied upon in the case of Poulami Basu vs The Government of India (2022 SCC OnLine Kar 1606), wherein a single Bench of Karnataka HC held that the right to travel abroad is a fundamental right guaranteed under Article 21 of the Constitution of India.

The Relation of the Pendency of Criminal Cases with Obtaining Passport/Visa Clearance and Renewal 

The government has the power to deny or revoke a passport on reasonable grounds, such as in cases where an individual is involved in criminal activities. However, a mere pendency of a criminal case or a proceeding cannot be considered the only reason to deny the request to obtain or renew a passport/visa application. In such cases, the concerned court having jurisdiction may exercise the discretion to grant permission by scrutinizing and analyzing all other correlated matters in deciding on the litigation of the applicant in the broad spectrum of areas of justice and law. In a recent order, the Bombay HC directed the passport authorities not to reject a man's passport renewal application merely because of the pendency of criminal proceedings against him, observing that mere pendency of proceedings is not sufficient to deny him the right to renew his passport. The court further observed in light of the facts of the case, that merely because the offense under Sections 406, 420, 120(b) read with 34 of IPC is pending against the applicant, the said fact by itself is not sufficient to deny the right of the applicant for renewal of the passport. It directed the authorities to analyze the eligibility of the applicant as required under the provisions of the Passport Act, 1967, and pass orders in accordance with its provisions, adhering to the note that, The court said that the rights of persons applying for a passport renewal are regulated by the Passport Act. If you are perplexed by a similar situation, here we have covered court procedures to follow in getting passport/visa clearance during the pendency of criminal cases.

Court Procedure for Obtaining Passport/Visa Clearance during the Pendency of Criminal Cases

1. Collect relevant documents of proof against your charge sheet.

The accused can apply for a passport; however, firstly, he/she must make sure he has all the relevant documents of proof and reasons for the same as they will be required to clear the charge sheet. For instance, the PCC, i.e., Police Clearance Certificate,  also called “proof of your good conduct”, is essential.

However, depending on the criminal charges recorded against the person, you may also need other documents.

2. Make an application before the concerned Hon’ble court.

Once you have compiled and verified all the essential proof documents with the concerned authorities, you will have to apply before the court where the matter is pending with appropriate prayers. The said application should contain the details of your pending case attached with all the relevant documents thereof and the itinerary containing the details of the trip. The court may consider different valid reasons or parameters for granting permission from case to case.

3. Apply to the passport office.

Lastly, you can apply to the passport office seeking renewal or application of your passport/visa, fulfilling all other required protocols as directed by them to proceed further.

Court Precedents

1. Prasanth vs Union Of India on 11 January 2022

In this case, the High Court of Kerala made it clear that a person is entitled to a Police Clearance Certificate, only if there is no adverse information that would render him/her ineligible for a grant of travel facilities. There should be no second thoughts or dispute to the fact that the pendency of a criminal case, though not a reason which would render a person ineligible for travel abroad, is still a piece of adverse information. The law obligates that if a criminal case is pending, a passport can be obtained only with the court's permission.


The abovementioned legal procedures are subjective in nature. Therefore, the steps explained above are not a substitute of any legal advice or opinion; however, they intend to create legal awareness. You must consider taking advice from a professional lawyer for your specific case, as the severity of the criminal charges may differ and can attract diverse provisions of the law. The lawyer can help you professionally in the clearance of charges or getting a passport or visa.

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Frequently Asked Questions

LegatoApp is a legal tech company that creates technology developments to make the legal industry easy for lawyers. One of the products of LegatoApp is to create an aggregation platform that hosts legal professionals on an interactive online platform that connects its Clients to the legal professionals from pan India in order to provide the Client with adequate legal services with the help of tech and non-tech features.

You are required to fill a form on the dashboard,and the support executive will get back in order to complete the formalities.

No, we are not a Law firm.

There is no registration fee for the initial basic Sign Up, but there are curated paid packages for lawyers that entails a list of services provided by LegatoApp.

In the current pandemic situation, it is vital to have a recognized digital presence that allows you to interact and build your clientele at your home's ease.

LegatoApp will helpprovide you with visibility, increase your recognition, and provide a better reach to build your clientele.

We are not a marketing platform; we do not levy any advertising fee. We cannot guarantee any amount of work, as the work you get depends on the level of experience and on the selection of a lawyer by theClient, based on the consultation taken up by the Client.

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It entirely depends on you; you can offer a free consultation or charge a fee for it.

It depends on the matter of the Client. Generally, consultations range between 30 minutes to 45 minutes.

The algorithm of LegatoApp tries to geographically categorize the clients in order for better visibility and access.

You are required to have 2+ years of experience, and you should currently be in practice.

Law firm – multiple partners can register on individual capacity

Yes, the partner of the lawfirm can register with LegatoApp in an individual capacity.

In case there are multiple partners, all the partners can register on an individual basis.

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You are required to mention six categories in order to receive a broader client reach.

Considering it is a digital platform, you may receive a clientele outside of your geographical boundaries based on the Client's requirement.

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In case a lawyer is unable to work on a particular case, we will assign that work/case/matter to another lawyer. However, any work that is delegated to a lawyer should be done through and by LegatoApp only.

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