Intellectual Property
Trade mark, copyright and design protection and enforcement.
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
- Advocate
- Adv. Bhawani Shanker Atrey
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.
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
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.
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.