Mohit Porwal, a highly accomplished legal and finance professional with a proven track record of success in trademark, copyright, design, and corporate law. As the Vice President of Trademarks, Design & Finance at Aumirah and its affiliates, Mohit leads a dynamic team of attorneys, paralegals, and accounts staff and has played a pivotal role in establishing this vertical within the company. With over 12 years of experience, Mohit has honed his expertise by working and training under accomplished lawyers. He possesses a comprehensive understanding of the legal framework and regulations governing trademarks, copyrights, designs, contracts, and compliance, and he uses this knowledge to provide valuable assistance to clients across a diverse range of industries. Here’s conversation with Mohit about his journey, work profile, experiences and his insights:

• Can you share a bit about your journey in the legal field and becoming the Vice President of Trademarks, Design & Finance at Aumirah? 

I started my educational journey with a strong focus on Mathematics, but after finishing my school education, I realized that engineering wasn’t the right path for me. So, I decided to explore law and pursue a law degree. During my studies, I found that law was a field where I could truly excel. As I neared the end of my degree, I took on a traineeship in Trademark and Design Law and how critical it is going to become in a world where boundaries are merging globally through digital medium and its far-reaching effect because of that. My career in IP began 2013, and since then, I’ve steadily progressed, overcoming challenges and gaining a deep understanding of the field. A turning point came when Rahul called me and told that he is starting a new department to file, prosecute and manage trademarks and designs in India and across the world. This opportunity changed my life. At Aumirah, I was tasked with building the department from scratch. Over time, we attracted many talented individuals who joined us and we built further departments within the overall trademark and design department. Additionally, I was given the responsibility of managing Aumirah’s finances, which greatly boosted my confidence and skills. Rahul’s trust empowered me, and today, it’s clear we’ve achieved remarkable success.

• What are some of the key challenges you face in trademark and design law practice today?

In today’s rapidly evolving world, trademark and design law face several significant challenges. Protecting trademarks in different jurisdictions is complex and expensive because each country their own interpretation and limitation of the law. With the rise of online shopping and social media, counterfeiting and infringement activity has increased immensely, and we have seen our practice evolve from advisory and prosecution to litigation and enforcement.

Innovations like AI, blockchain, and NFTs add new challenges, especially in virtual spaces like the metaverse. We create strategies to protect brands across various media and platforms, ensuring they stay unique and safe. We work to prevent confusion caused by similar trademarks and protect well-known trademarks from dilution. 

In some cases, people register trademarks solely to sell them for profit, so we need to be vigilant and take strategic actions against this. Filing, renewing, and opposing trademarks is a lot of work, and handling disputes requires expertise. We also educate clients about the importance of trademark protection and manage their expectations with respect to time and costs. Balancing innovation and protection is crucial, as we support the development of new designs and trademarks while ensuring they don’t infringe on existing rights. These challenges mean we need to be adaptable and proactive in protecting and enforcing trademarks.

• How do you approach conducting thorough trademark searches and obtaining clearances for your clients?

Trademark searches and obtaining clearances is a critical part of my practice in trademark law. It’s a process that ensures our clients’ brands are unique, new and intellectually created by themselves and legally protectable. 

We start by taking the in-depth understanding of the client’s brand and its intended use. This includes the specific goods or services associated with the trademark and the geographical markets where the client plans to launch his business. This helps us to know how we can perform the search for our client. 

Then we perform search on trademark databases and search tools. These databases include national and international trademark registries, as well as on business directories, domain name registries, and online marketplaces. The goal is to find any similar/phonetically similar existing trademarks that could potentially conflict with the client’s mark. Our strategy of search involves looking for exact matches, but it’s equally important to identify similar marks that might cause confusion among consumers. This includes phonetic similarities, visual resemblances, and conceptual likenesses. I pay close attention to marks that might not be identical but could still pose a legal challenge.

Once we are ready with the information of the search results, we analyse them closely. This isn’t just about finding conflicting marks; we also try to find the chances of opposition or litigation and cancellation and the chances of successful registration. I consider how unique and new the mark is, the strength of any existing marks, and the overall market situation. After this analysis, I give the client a detailed report that summarizes the findings, potential risks, and our recommendations. If there are significant conflicts, we work with the client to find alternative trademarks or strategies. This thorough approach ensures my clients’ brands are well-protected and set up for success in their markets.

• How do you maintain quality and efficiency in your work while handling a diverse range of clients and industries? 

At AUMIRAH handling a diverse client base is not a challenge but an opportunity to learn and outgrow oneself. Everyone who joins Aumirah is exposed to the vast client base that we serve across geographies. I prioritize understanding each client’s unique needs and industry specifics. This means taking the time to learn about their business, market, and competitive landscape. This knowledge allows me to tailor my approach and provide relevant and effective legal advice.  To ensure quality, I follow standards and best practices in all aspects of my work. This includes conducting thorough trademark searches, providing detailed analyses, and preparing detailed documentation. I use latest tools and technologies to streamline processes and enhance accuracy, which helps in managing workloads efficiently. Efficiency is achieved through effective time management and delegation. Regular communication with clients is also essential. Keeping clients informed and engaged helps prevent misunderstandings and ensures that we are fulfilling their goals and expectations. Staying updated on the latest legal developments, industry trends, and technological advancements allows me to provide cutting-edge solutions to my clients. I invest in training and resources that enhance my skills and knowledge. Lastly, I value feedback from clients and colleagues. Constructive feedback helps identify areas for improvement and implement changes that enhance both quality and efficiency.

• Can you describe your role in leading the team of attorneys, paralegals, and accounts staff at Aumirah?

As the team leader at Aumirah, I am responsible for several important duties that go hand in hand with making sure everything runs efficiently. In fact, after I embarked upon this journey at Aumirah, I was the first to start  building a team of associates and interns under me, even Rahul didn’t have that extensive team under him. I work closely with my teammates while being mindful that we owe it to them to give them proper training and knowledge for them to chart a long and prosperous career inside or outside Aumirah. 

First and foremost, I try to create a friendly and productive work atmosphere. Since I think that a productive team dynamic is necessary for success, I promote candid communication, frequent feedback, and teamwork.

I oversee the legal work that our colleagues do, giving guidance and support as required. This involves reviewing cases, offering strategic advice, and ensuring that we strict to the highest standards of legal practice. I also stay involved in complex cases, giving my expertise to ensure the best outcomes for our clients.

On the administrative side, I work closely with our accounts staff to manage our firm’s finances. This includes billings, forecasting expenses, and ensuring we follow efficient and compliant practices. Keeping a clear view of our financial health helps me make decisions that benefit the whole firm.

• What trends do you see emerging in the field of trademark and design law?

The Trademark practice has changed a lot. It was different when I started and today it is different ball game all together for instance, digital transformation of commerce has led to an increased focus on online brand protection, with trademark owners grappling with new challenges in social media, e-commerce platforms, and virtual marketplaces. Non-traditional trademarks, such as sounds, scents, and holograms, are gaining prominence, pushing the boundaries of what can be protected. The rise of artificial intelligence is not only influencing the creation of intellectual property but also the processes of searching, registering, and enforcing trademarks. Sustainability and ethical considerations are becoming more relevant in brand strategies, influencing trademark applications and enforcement decisions. Globally, there’s a trend towards harmonization of trademark laws, albeit with complexities arising from geopolitical shifts and trade tensions. Additionally, there’s an increasing emphasis on the overlap between different forms of IP protection, particularly in design law, where the lines between trademark, copyright, and design patent protection are becoming blurred in this rapidly evolving field.

• How do you think advancements in technology will impact the future of trademark and design practice?

Advancements in technology are set to profoundly reshape trademark and design practice in the coming years. AI and machine learning are already revolutionizing trademark searches and clearance processes, and their role is likely to expand into areas such as predicting likelihood of confusion and assisting in application drafting. Blockchain technology and NFTs are challenging traditional notions of trademark ownership and licensing, particularly in digital spaces. While these changes present challenges, they also offer exciting opportunities to provide more efficient, accurate, and strategic IP services to clients, ultimately shaping the future of trademark and design law practice.

• What advice would you give to young legal professionals aspiring to specialize in trademark and design law?

For young legal professionals my advice will be to start by building a strong foundation in intellectual property law, understanding how trademarks and designs intersect with other area of IP and commercial laws. Immerse yourself in the business world to gain perspective on how IP relates to branding, marketing, and business strategy. Stay technologically savvy and familiarise yourself with emerging technologies that are reshaping the IP landscape. Don’t neglect your soft skills; the ability to communicate complex legal concepts simply and build strong client relationships is crucial. Actively seek mentors and build your professional network within the IP community. By building strong relationships, and maintaining a passion for the field, you can carve out a rewarding and impactful career in trademark and design law.

• How do you envision Aumirah evolving in the next five years in terms of its legal services and client offerings?

I picture Aumirah undergoing a major transformation in the next five years regarding our client offerings and legal services. We plan to broaden our service range to include areas like M&A, corporate law, and cyber and technology laws, in addition to our strong focus on IP and commercial law. This expansion will enable us to provide our clients with comprehensive legal services and support their diverse needs in an increasingly complex legal landscape. We aim to leverage technology to enhance our services. Implementing advanced legal tech solutions like AI-driven research tools and automated trademark monitoring systems will improve our efficiency and accuracy. This will enable us to serve our clients faster and more effectively.

Additionally, we are committed to expanding our global reach. By establishing partnerships with international firms and exploring new markets, we can support our clients’ needs wherever they operate. This will help us become a truly global player in the IP law space.

Sustainability and social responsibility will also play a significant role in our evolution. We intend to incorporate sustainable practices within our operations and engage in initiatives that give back to the community, reinforcing our commitment to ethical practices and corporate responsibility.

Overall, our vision for Aumirah in the next five years is to become a leading, innovative, deep-research driven and socially responsible law firm that offers a broad spectrum of top-notch legal services to clients worldwide.

• Is there anything else you would like to share about your role at Aumirah or your views on the legal industry?

I’m particularly proud of our firm’s commitment to diversity and inclusion. We’ve implemented programs to recruit and retain diverse talent, and I personally mentor several young attorneys. I believe that diverse perspectives lead to more innovative solutions for our clients and a stronger legal profession overall.

I believe the future of the legal industry lies in its ability to adapt to rapidly changing business environments. This means not just reacting to new laws and regulations, but anticipating changes and helping clients navigate uncertainty.