Protecting brands, content and creative work
Your brand, creative work, design, invention, or original content can be one of your most valuable business assets. Intellectual property law provides legal mechanisms to protect these rights and regulate how others can use, reproduce, or commercially exploit them.
Our intellectual property practice assists individuals, businesses, creators, entrepreneurs, and organisations with IP registration, protection, licensing, enforcement, and disputes under the applicable Indian intellectual property laws.
Intellectual Property Matters We Handle
- Trademark registration: Assistance with protecting brand names, logos, taglines, symbols, and other marks.
- Trademark search and assessment: Preliminary searches and assessment of potential conflicts and registrability before filing.
- Trademark examination: Assistance with responding to examination reports and objections raised by the Trade Marks Registry.
- Trademark opposition: Representation in opposition and related proceedings concerning trademark applications.
- Trademark infringement: Legal assistance where a registered or otherwise protectable mark is allegedly being used without authorisation.
- Copyright registration: Assistance with registration of eligible literary, artistic, musical, software, and other protected works.
- Copyright infringement: Assistance with disputes involving unauthorised copying, reproduction, publication, distribution, or other unauthorised use.
- Design registration: Assistance with registration of eligible industrial designs protecting the visual features of products.
- Design infringement: Legal assistance concerning unauthorised use of registered designs.
- Patent advisory: Preliminary legal assistance concerning patent protection, including issues relating to novelty, inventive step, and patentability.
- IP licensing: Drafting and reviewing agreements permitting third parties to use intellectual property under agreed terms.
- Franchise and brand-use agreements: Assistance with agreements governing authorised use of trademarks, branding, and related intellectual property.
- IP commercialisation: Advising on the contractual and legal aspects of licensing and commercial exploitation of intellectual property.
- IP-related litigation: Representation in appropriate proceedings involving infringement, ownership, passing off, contractual disputes, and related claims.
Trademark Protection
A trademark can distinguish one business's goods or services from those of others and can become a valuable commercial asset.
- Trademark availability searches
- Selection of appropriate trademark classes
- New trademark applications
- Examination reports and objections
- Opposition proceedings
- Trademark renewals
- Assignment and licensing
- Trademark infringement disputes
- Passing-off actions
- Interim injunction applications
- Brand protection strategy
- A trademark application must satisfy the requirements of the Trade Marks Act, 1999 and applicable rules. Registration does not automatically guarantee protection against every competing use, and the specific facts and nature of the mark must be examined.
Copyright Protection
Copyright law protects eligible original creative works, including literary, artistic, musical, dramatic, cinematographic, and other works recognised under the Copyright Act, 1957.
- Copyright registration
- Ownership and authorship issues
- Copyright assignments
- Licensing agreements
- Copyright infringement disputes
- Unauthorised reproduction and publication
- Online content infringement
- Content ownership disputes
- Legal notices
- Civil remedies and injunction proceedings
- Copyright protection generally arises from the creation of an original work rather than solely from registration. Registration may nevertheless provide documentary evidence that can be relevant in disputes concerning ownership and the work.
Design Protection
Design law protects certain visual features of an article, including its shape, configuration, pattern, ornamentation, or composition, subject to the requirements of the Designs Act, 2000.
- Design registration
- Preliminary assessment of design protection
- Documentation and filing assistance
- Design ownership issues
- Design infringement disputes
- Legal notices
- Injunction proceedings
- Assignment and licensing of registered designs
- Design protection is concerned with the visual features covered by the applicable legislation and does not ordinarily protect purely functional or technical features.
Patent Advisory
Patents provide protection for qualifying inventions that satisfy the statutory requirements under the Patents Act, 1970.
- Preliminary patentability assessment
- Novelty and inventive-step considerations
- Patent ownership and contractual issues
- Patent licensing
- Patent-related agreements
- Legal strategy concerning patent protection
- Assistance in coordinating with appropriate patent professionals for technical drafting and prosecution
- Patent applications often require detailed technical specifications and specialised prosecution work. Where necessary, we coordinate the legal aspects with appropriate patent specialists.
Brand Protection and IP Licensing
Intellectual property protection does not end after registration. Businesses may need agreements controlling how their intellectual property is used by employees, distributors, franchisees, licensees, business partners, or other third parties.
- IP licensing agreements
- Trademark licensing
- Copyright licensing
- Brand-use agreements
- Franchise agreements
- Assignment agreements
- Confidentiality provisions
- Commercialisation arrangements
- Restrictions on unauthorised use
- Contractual enforcement of IP rights
IP Infringement and Enforcement
Where intellectual property is allegedly being used without authorisation, timely action can be important.
- Preliminary legal assessment
- Evidence and documentation review
- Cease-and-desist notices
- Trademark infringement and passing-off claims
- Copyright infringement claims
- Design infringement proceedings
- Interim injunction applications
- Civil litigation
- Settlement negotiations
- Licensing or commercial resolution
- Enforcement of contractual IP rights
- The appropriate remedy depends on the nature of the intellectual property, ownership, registration status, evidence of infringement, and applicable legislation.
How We Help
- IP assessment: Understanding the nature of the brand, work, design, or invention and identifying the relevant legal protection.
- Registration assistance: Supporting clients through appropriate registration procedures.
- Search and clearance: Identifying potential conflicts before commercial use or registration.
- Documentation: Preparing assignments, licences, franchise agreements, and other IP-related documents.
- Legal notices: Responding to or issuing notices concerning alleged infringement or unauthorised use.
- Dispute resolution: Assisting with negotiation, mediation, settlement, and litigation where appropriate.
- Injunction proceedings: Seeking or defending interim relief in suitable infringement disputes.
- Ongoing IP support: Advising businesses on the contractual and legal protection of intellectual property as their operations develop.
Our Approach
Intellectual property disputes often begin with a question of ownership, authorisation, originality, similarity, or contractual rights. We therefore begin by identifying the nature of the intellectual property and examining the available registration records, agreements, creation records, correspondence, and other evidence. For businesses, we focus not only on registration but also on how intellectual property is licensed, transferred, commercialised, and protected against unauthorised use. Each IP matter is fact-specific. The availability and strength of a particular remedy depends on the type of intellectual property, registration status, ownership, evidence, applicable legislation, and circumstances of the dispute.
Frequently Asked Questions
What types of intellectual property do you handle?
We assist with trademarks, copyright, designs, patent-related advisory matters, licensing, assignments, brand protection, and intellectual property infringement disputes.
Do I need to register a trademark to protect my brand?
Registration provides statutory rights to the registered proprietor under the Trade Marks Act, 1999. Certain unregistered marks may also receive protection through passing-off principles, depending on the facts and evidence.
Can I register my business name as a trademark?
A business name may potentially be protected as a trademark if it satisfies the applicable statutory requirements and is capable of functioning as a trademark. A search and assessment should be conducted before filing.
Does copyright exist automatically?
Copyright protection generally arises when an original work is created, subject to the requirements of the Copyright Act, 1957. Registration is not ordinarily the source of copyright itself, although registration may provide useful documentary evidence.
Can I copyright my logo?
A logo may potentially receive copyright protection if it satisfies the applicable requirements for an artistic work. Depending on its use as a brand identifier, trademark protection may also be relevant.
What is the difference between a trademark, copyright and design?
A trademark primarily identifies and distinguishes the source of goods or services. Copyright protects eligible original creative works. Design registration protects qualifying visual features of an article. The appropriate protection depends on the nature and intended use of the intellectual property.
Can you help if someone is using my trademark without permission?
Yes. We can review the registration status, evidence of use, nature of the competing use, and other relevant facts and advise on available remedies, which may include legal notices, negotiation, injunction proceedings, or other appropriate action.
What is passing off?
Passing off is a common-law remedy that may protect goodwill against misrepresentation that causes or is likely to cause damage. It can be relevant to certain disputes involving unregistered marks.
Can intellectual property be licensed to another person or company?
Yes. Intellectual property rights can, depending on the nature of the right and applicable law, be licensed under a contractual arrangement specifying permitted use, territory, duration, payment, quality control, and other terms.
Can intellectual property be transferred?
Certain intellectual property rights can be assigned or transferred subject to applicable statutory and contractual requirements. The terms and documentation should be carefully drafted to identify the rights being transferred.
Can you help with online copyright infringement?
Yes. Online infringement can involve unauthorised copying, publication, distribution, reproduction, or other use of protected content. We can review the available evidence and advise on appropriate legal remedies.
Do you handle patent applications?
We provide legal and preliminary patent-related advisory support and can assist with patent-related agreements and legal strategy. Patent applications involving detailed technical specifications may require coordination with qualified patent professionals.
Contact us for a confidential consultation to discuss your intellectual property and understand the available options for protecting, licensing, or enforcing your rights.
