Pushya Mithra Advocate

Intellectual Property

Intellectual property work is mostly preventive: registering a mark before it is contested, writing an assignment clause into a contractor agreement before the code is delivered, recording a licence before a dispute makes its terms matter. Enforcement follows when a registered right is used by someone else.

How a trademark application moves

Fig. 2
The five stages of trademark registration in India A left-to-right timeline with five stages: search of the public register, filing which issues an application number, examination which may raise objections under section 9 or section 11, advertisement in the Trade Marks Journal which opens a four month window for any person to oppose, and registration which runs ten years from the filing date and is renewable. Search Public register checked for conflicts File Application number issued, TM may be used Examination Objections under section 9 or 11 Advertisement Published in the Trade Marks Journal Registration Ten years from the filing date 4 months to oppose
The two dates that decide most outcomes are marked below the line. An examination report must be answered inside the prescribed period or the application is treated as abandoned, and once the mark is advertised any person may oppose it for four months. Trade Marks Act, 1999; Trade Marks Rules, 2017

Matters handled

Principal legal framework

Trade Marks Act, 1999
Registration, opposition, rectification, infringement and passing off.
Copyright Act, 1957
Subsistence, ownership, assignment and licensing of copyright.
Designs Act, 2000
Registration and protection of the visual design of an article.
Office of the CGPDTM
The registry through which applications are prosecuted.

Questions that come up

How long does a trademark registration in India remain valid?

A registered trademark in India is valid for ten years from the date of application and may be renewed for successive ten-year periods on payment of the renewal fee. There is no limit on the number of renewals.

What are the trademark classes and why does the class matter?

India follows the Nice Classification, which sorts goods and services into 45 classes: classes 1 to 34 for goods and 35 to 45 for services. Protection is granted class by class, so a mark registered in the wrong class may give no protection in the field where the business actually trades.

Who owns the copyright in software written by a freelancer?

Under the Copyright Act, 1957 the author is the first owner of copyright, and a freelancer is not an employee, so in the absence of a written assignment the copyright ordinarily stays with the freelancer even after payment. A signed assignment in writing is what transfers ownership to the commissioning business.

This page describes the scope of the practice in this area. It is general information and not legal advice on any particular matter.

Next area Startup & Technology Advisory