Intellectual Property & Brand Protection
Trademarks, copyright, software and confidential information, for startups, brands and foreign companies entering India: securing the rights at the outset, and enforcing them when they are copied.
A company's name, code and know-how are often its most valuable assets
For a young company, the brand, the software and the know-how built by its team are frequently worth more than anything else it owns, and they are also the assets most often left unprotected: a trademark never filed, code written by contractors without an assignment, confidential information shared without an agreement. These gaps tend to surface at the worst time, when a competitor copies the brand or when investors conduct due diligence.
The practice accepts advisory work and a limited number of disputes under the Trade Marks Act, 1999, the Copyright Act, 1957 and the general law of contract and confidence. Intellectual property suits are commercial disputes under the Commercial Courts Act, 2015. Patent drafting and prosecution, which require a registered patent agent, are not undertaken.
Trademark Registration, Objections & Opposition
Clearance searches before a name is adopted, applications in the right classes, replies to examination reports and attendance at show-cause hearings before the Trade Marks Registry, and oppositions against conflicting marks after advertisement in the Trade Marks Journal. Where a mark has been wrongly registered, rectification proceedings under Section 57 now lie before the High Court, following the abolition of the Intellectual Property Appellate Board by the Tribunals Reforms Act, 2021.
Clearance and filing strategy
Examination report replies and hearings
Oppositions and counter-statements
Rectification of the register
Infringement & Passing-Off Actions
Suits for infringement of a registered mark under Section 29, and for passing off where a mark is unregistered, seeking interim and permanent injunctions, damages or an account of profits, and delivery up of infringing goods. Under Section 134, a suit may be filed where the plaintiff resides or carries on business. Pre-institution mediation under Section 12A of the Commercial Courts Act is not required where urgent interim relief is genuinely needed (Yamini Manohar v. T.K.D. Keerthi, 2023). Copyright infringement in content, designs and software is pursued in the same way.
Cease-and-desist notices
Interim injunctions
Passing off of unregistered marks
Defence of infringement claims
Copyright, Software & Content Ownership
Under Section 17 of the Copyright Act, an employer is generally the first owner of work made by an employee in the course of employment, but an independent contractor or agency owns what it creates unless the copyright is assigned in writing under Sections 18 and 19. Ownership gaps in code, designs and content are identified and closed before fundraising or an acquisition. Software licences, development agreements, SaaS terms and content licences are drafted and reviewed.
Assignment of code and content
Software development agreements
Licences and SaaS terms
IP review before fundraising
Domain Names, Online Marketplaces & Trade Secrets
Disputes over .in domain names are decided under the .IN Domain Name Dispute Resolution Policy, and generic domains such as .com under the Uniform Domain-Name Dispute-Resolution Policy, without the need for a court case. Counterfeit and infringing listings on online marketplaces are removed through the platforms' complaint processes and, where necessary, by court order. India has no separate statute on trade secrets; confidential information is protected by contract and by the law of confidence, and an injunction can be sought against its misuse by former employees or business partners.
Domain name complaints
Marketplace takedowns
Confidentiality agreements
Trade secret injunctions
Applicable Laws: Trade Marks Act 1999 and Trade Marks Rules 2017, Copyright Act 1957, Commercial Courts Act 2015, Tribunals Reforms Act 2021, Information Technology Act 2000, .IN Domain Name Dispute Resolution Policy, Indian Contract Act 1872.
IP & Brands: Frequently Asked
Another business is using a name similar to our brand. What can be done?
If the mark is registered, a suit for infringement can be filed under Section 29 of the Trade Marks Act, 1999. If it is not registered, a suit for passing off is available to a prior user who can show goodwill, misrepresentation and likely damage. In both, the court can grant an interim injunction early in the case, and later damages or an account of profits. A legal notice usually precedes the suit, but where the use is causing continuing harm it may be better to approach the court without warning.
Do we own the software and content created by our developers and contractors?
For employees, Section 17 of the Copyright Act, 1957 generally makes the employer the first owner of a work made in the course of employment under a contract of service, unless agreed otherwise. For independent contractors and agencies, the author ordinarily owns the copyright unless it is assigned in writing in the manner required by Sections 18 and 19. Startups should therefore have written assignment terms with every contractor, particularly before fundraising or an acquisition.
Is mediation required before filing a trademark suit?
Intellectual property disputes are commercial disputes under the Commercial Courts Act, 2015, and Section 12A requires pre-institution mediation unless the suit contemplates urgent interim relief. The Supreme Court has held that the court will examine whether the urgency claimed is genuine (Yamini Manohar v. T.K.D. Keerthi, 2023). In a genuine infringement case where an injunction is sought, the suit can usually be filed directly.
Can a foreign brand stop someone from using its name in India before it launches here?
Registration in India is the surest protection, and a foreign brand should file before it launches. Without registration, the brand must show that it already had goodwill among consumers in India; reputation abroad alone is not enough, as the Supreme Court held in Toyota Jidosha Kabushiki Kaisha v. Prius Auto Industries Ltd., (2018) 2 SCC 1. A mark registered in bad faith by someone else can be challenged through opposition or rectification.
Request an Appointment
Send a WhatsApp message or email with a short description of the mark, work or dispute. Advisory work is conducted largely by email and video. An enquiry does not create a lawyer-client relationship.
Informational only, per Rule 36 of the Bar Council of India Rules. No solicitation of work is intended.