Intellectual Property Rights

Overview

Our Intellectual Property Rights practice provides end-to-end IP services, from registration and prosecution to licensing, enforcement, and litigation, for trademarks, patents, copyrights, designs, geographical indications, and trade secrets, serving startups, corporates, and multinationals across Delhi NCR and North India. We file and prosecute applications under the Trade Marks Act, 1999, the Patents Act, 1970, the Copyright Act, 1957, and the Designs Act, 2000, and handle oppositions, rectifications, and international filings via the Madrid Protocol and PCT. Our enforcement practice covers infringement and passing-off suits, anti-counterfeiting raids and John Doe orders, domain-name and UDRP disputes, and IP due diligence for M&A and investments. We litigate before the Delhi High Court, whose Intellectual Property Division (IPD) is India's leading IP forum, and advise on technology transfer, brand and franchise licensing, and IP arbitration throughout the region.

1. 1

   Conduct a trademark search

   Run a public search on the IP India trademark portal (the Controller General's online database) across the relevant Nice Classification class to confirm the mark is not identical or deceptively similar to an existing registered or pending mark.

2. 2

   File the application in Form TM-A

   File the application in Form TM-A on the IP India e-filing portal, specifying the applicant, the mark (word/device/logo), the goods or services and their class, and the date of first use (or 'proposed to be used'). Pay the prescribed fee — a reduced fee applies to individuals, startups, and small enterprises.

3. 3

   Respond to the examination report

   The Registry examines the application under Sections 9 and 11 (absolute and relative grounds for refusal) and issues an examination report. File a reply within one month addressing any objections; attend a show-cause hearing before the Registrar if the objections are maintained.

4. 4

   Publication in the Trade Marks Journal

   Once objections are overcome, the mark is advertised in the Trade Marks Journal under Section 20 to invite third-party opposition.

5. 5

   Clear the opposition window

   Any person may file a notice of opposition in Form TM-O within four months of publication under Section 21. If opposed, the matter proceeds through counter-statement, evidence affidavits, and a hearing before the Registrar. If unopposed, the application proceeds to registration.

6. 6

   Obtain registration and use the ® symbol

   The Registry issues the registration certificate under Section 23. The proprietor may then use the ® symbol; the registration is valid for 10 years from the date of application.

7. 7

   Renew every 10 years

   Renew the registration in Form TM-R before expiry of each 10-year term under Section 25. A six-month grace period (with surcharge) applies, and a mark removed for non-renewal may be restored within one year.

This is a general guide. For advice on your specific matter, speak to our Intellectual Property team.