Atreya LegalAdvocates & Legal Consultants

Intellectual Property

Trade mark, copyright and design protection and enforcement.

Overview

What is intellectual property practice?

Intellectual property practice protects brands, creative works and designs, and enforces those rights against copying. Atreya Legal files and prosecutes trade mark and copyright applications, conducts oppositions and rectifications, drafts licences and assignments, and brings infringement and passing off actions.

Practice group
Corporate and tax
Principal statute
Trade Marks Act, 1999
Heard before
Trade Marks Registry, Copyright Office, Commercial courts
Scope

What the practice covers

  • Trade mark registration

    Clearance searches, applications, replies to examination reports and hearings.

  • Oppositions and rectification

    Opposing conflicting marks and removing wrongly registered marks.

  • Infringement and passing off

    Suits for injunction, damages and delivery up before commercial courts.

  • Copyright

    Registration, licensing, assignment and enforcement for software, content and creative works.

  • Licensing and assignment

    Brand licences, franchise terms, technology transfer and assignment deeds.

  • Online enforcement

    Takedown notices and domain name complaints.

Law and forums

Statutes and courts

Governing statutes

  • Trade Marks Act, 1999
  • Copyright Act, 1957
  • Designs Act, 2000
  • Patents Act, 1970
  • Commercial Courts Act, 2015

Courts and authorities

  • Trade Marks Registry
  • Copyright Office
  • Commercial courts
  • High Courts
Questions

Common questions on IP matters

How long does a trade mark registration last?

Ten years from the date of application. Under Section 25 of the Trade Marks Act, 1999 it can be renewed for further periods of ten years without limit.

Can I stop a copy of an unregistered brand?

Yes, through an action for passing off. The claimant must show goodwill in the mark, a misrepresentation by the defendant likely to deceive the public, and resulting damage. Section 27(2) of the Trade Marks Act, 1999 preserves this right.

Contact

Discuss a IP matter with the firm.

Write or call with a short account of the facts and the papers you hold. The firm will tell you whether it can act and what the first step is.

Before you continue

Disclaimer

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