We provide comprehensive advice on intellectual property and information technology law, including trademark matters across all industries. Our services cover trademark registration, licensing, assignments, transmission, and acquisition. We also offer legal representation to protect our clients’ trademarks from infringement and passing off by filing petitions and counters before the courts and competent authorities. Our team has extensive experience dealing with trademark infringement, copyright, industrial designs, and patents.
Trademark law and practice in India is governed by the Trade Marks Act of 1999, which was amended in 2010 and 2017 to keep up with the changing needs of businesses and advancements in technology. The Act provides for the registration and protection of trademarks in India.

A trademark is a distinctive sign, symbol, or logo used by a business to identify and distinguish their goods or services from those of others. Trademark registration in India is administered by the Controller General of Patents, Designs and Trademarks (CGPDTM).

To register a trademark in India, the applicant must file an application with the CGPDTM and pay the required fee. The application must contain details of the trademark, such as the name, address, and nationality of the applicant, and a clear representation of the trademark.

The trademark must be distinctive and not similar to any existing trademarks. Once the application is filed, it is examined by the trademark office, and if the application meets the requirements, the trademark is registered and published in the Trademark Journal.

Trademark registration in India is valid for ten years from the date of filing the application and can be renewed for another ten years. Registered trademarks are protected under the Trade Marks Act and can be enforced through legal action against any infringement.

Trademark infringement occurs when someone uses a trademark that is similar or identical to a registered trademark, and that use is likely to cause confusion among consumers. In such cases, the trademark owner can take legal action to prevent the infringement and claim damages for any losses suffered as a result of the infringement.

In addition to trademark registration, India also has provisions for the protection of well-known trademarks. These are trademarks that are considered to have a high reputation and goodwill in India and are recognized by a significant section of the public. Well-known trademarks are granted a higher degree of protection under the Trade Marks Act.

The trademark law and practice in India are designed to protect the rights of trademark owners and promote fair competition in the marketplace. The registration and enforcement of trademarks help businesses to build their brands and reputation, while also protecting consumers from confusion and deception.

Our services also include portfolio management, competitor intelligence searches, negotiation of licenses and exploitation agreements, filing and prosecution of patent applications and trademarks, due diligence, competitor tracking, and advice on registered and unregistered design rights. We also provide worldwide filing and prosecution of registered designs, registered design searches, litigation, and advice on registered design disputes, oppositions, and appeals.

In the field of information technology, we have experience in licensing for both suppliers and users, IT leasing arrangements, software development applications, IT strategy, Internet and website issues, e-commerce, e-mail policies, outsourcing, IT company acquisitions, disposals, funding, and IT audit work.