Intellectual property protection in India runs on registration and use at the same time.
Trademark rights can arise from genuine use alone — a common law "passing off" claim doesn't
need a registration certificate — but India is a first-to-file jurisdiction for registration
priority, and registration is what makes a right easy to enforce, license, or use to stop
imports of counterfeit goods at the border.
The way this usually goes wrong is timing. A business builds real brand value for years on
an unregistered mark, and only discovers the exposure when someone else files a confusingly
similar mark in the meantime — leaving the original user to fight an opposition or a passing
off claim, instead of simply holding the registration.
Qalve's approach starts with a clearance search — across trademark, and where relevant
patent and design registers — before a name is launched or an application is filed, so the
filing strategy reflects actual risk rather than being reactive. Registered rights are then
actually defended: oppositions, examination reports, and infringement action, not left to
lapse once the certificate is issued.
For contracts assigning or licensing IP — founder IP assignment, employee invention
assignment, licensing deals — this is drafted alongside
Legal Advisory & Documentation
so the underlying agreement matches what's actually registered.
Scope of advisory
What this covers
Trademarks
Clearance search — before a name or logo is adopted, not after it's already on the sign.
Application filing & prosecution — classified correctly under the NICE Classification system.
Examination & opposition responses — argued on the actual statutory grounds raised.
Renewal & portfolio management — so a registration doesn't lapse from an unwatched deadline.
Copyright
Registration — for literary, artistic, and software works.
Licensing & assignment agreements — for content, software, and creative work.
Patents & Designs
Patentability assessment — against the actual statutory exclusions and prior art.
Application drafting & filing — specification and claims matched to what was actually invented.
Design registration — for product appearance and industrial designs.
Enforcement
Cease-and-desist correspondence — for infringement of a registered or unregistered right.
Opposition & rectification proceedings — before the relevant registry.
Customs recordation — coordinated to intercept counterfeit imports and exports.
§ Governing framework
The statutes this is argued from
Trademarks
Trade Marks Act, 1999
Copyright
Copyright Act, 1957
Patents
Patents Act, 1970
Designs
Designs Act, 2000
Trademark classification
NICE Classification — Trade Marks Rules, 2017
Regulator
Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) · Copyright Office
§ Process
How we work
01
Search
Clearance search across the relevant registers to assess registrability and infringement risk before filing or launch.
02
File
Application prepared and filed with the right specification, class, and claims for what was actually built.
03
Prosecute
Examination reports, oppositions, and objections responded to on the statutory timeline.
04
Enforce
Registered rights actually defended — cease-and-desist, opposition, or infringement action when someone else uses them.
§ Who this serves
Client archetypes
Startups naming a product
Needing a clearance search and filing strategy before launch, not after.
Businesses on an unregistered mark
That have operated for years without registration and want the exposure closed.
Software & content companies
Needing copyright registration and licensing structured correctly.
Brand owners facing infringement
Dealing with counterfeiting or unauthorised use of a registered mark or design.
How long does trademark registration take in India?
From filing to the first examination report is usually a matter of months. If the mark isn't opposed after being published in the Trade Marks Journal, registration can still take roughly one to two years overall, depending on the Trade Marks Registry's backlog and whether any objections or oppositions are raised along the way.
Does using a mark without registering it give any rights at all?
Yes — genuine use and the reputation it builds can support a common law "passing off" claim against someone else using a confusingly similar mark. But India runs on a first-to-file system for registration priority, so an unregistered mark is at real risk of someone else registering a similar one first, leaving the original user to prove passing off rather than simply pointing to a registration certificate.
Is software protected by copyright or patent in India?
Primarily copyright — software is generally protected as a "literary work" under the Copyright Act, 1957 from the moment it's created in a fixed form. Patenting a software-related invention is possible only in limited circumstances, since Section 3(k) of the Patents Act, 1970 excludes "computer programs per se" from patentability — the invention has to demonstrate a technical effect beyond the software itself.
How long does a patent last in India?
Twenty years from the date of filing the patent application, provided the prescribed renewal fees are paid each year to keep it in force — allowing a patent to lapse for non-payment ends the protection well before the twenty years would otherwise run out.
What can I do if someone is selling a counterfeit of my registered product?
Options include a cease-and-desist notice, a civil infringement suit seeking an injunction and damages, and — for registered trademarks and copyrights specifically — recordation with Indian Customs, which allows customs authorities to intercept and seize counterfeit goods at the border before they even reach the market.