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Trademark, copyright and patents.
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Practice Area
Intellectual property is the legal form given to the things a business creates but cannot lock in a drawer — a brand name, a piece of software, a design, a formula. Registration is what converts them from something you merely use into something you own and can stop others from using.
India recognises trademarks, copyright, patents, designs and geographical indications, each under its own statute, with its own term and its own registry. Copyright arises automatically on creation; trademarks, patents and designs need registration to be properly enforceable.
Tap a matter to see the lawyers who handle exactly that, not just the broad area.
Searching, filing and prosecuting a brand name or logo.
Protecting original writing, music, film, art and software.
Protecting an invention, from provisional filing through to grant.
Protecting the shape, pattern or appearance of a product.
Suits and injunctions when your rights are being infringed.
Permitting or transferring the use of IP, on written terms.
Protecting confidential business information through contract.
Cease-and-desist action, takedowns and damages against copying.
If any of these describe your situation, it is worth speaking to a lawyer early.
A clearance search before launch costs a fraction of a rebrand after an objection.
Infringement and passing-off actions, with an interim injunction.
Trademark objections have a fixed window for reply, after which the application is abandoned.
Patentability assessment, and a provisional application to secure the priority date.
Copyright enforcement, takedown notices and damages.
Scope, royalty and territory need to be written down before, not after.
Bringing these to the first consultation saves a hearing later.
Every matter differs, but most follow roughly this sequence.
A search of the registry and the market shows whether the mark is available and how strong it will be. Weak, descriptive marks cause most later objections.
The application is filed in the correct class, with the priority date secured from the date of filing.
The registry issues an examination report. Objections are answered in writing and, where needed, at a hearing.
The mark is advertised in the journal for opposition. If unopposed, registration follows and runs for ten years, renewable indefinitely.
If unopposed, typically twelve to eighteen months from filing to registration. You may use the ™ symbol from the date of filing, and ® only once registration has been granted.
No. Copyright subsists automatically the moment an original work is created. Registration is optional, but it gives you a certificate that serves as prima facie evidence of ownership — which matters considerably in litigation.
™ can be used by anyone claiming rights in a mark, including on a pending application. ® may be used only for a mark actually registered in India; using it before registration is an offence under the Trade Marks Act.
Computer programmes “per se” and business methods are excluded from patentability under Section 3(k). Software that produces a technical effect, or is claimed in combination with hardware, has been granted patents. How the claims are drafted often decides the outcome more than the invention does.
Fees vary by the lawyer and the complexity of your matter. Each lawyer lists their consultation fee on their profile, so you can pick one that suits your budget before reaching out.
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