A note on scope: this guide focuses specifically on someone using your brand name, a different business trading under a name identical or confusingly similar to yours, including disputes over domain names, marketplace listings, and even company registrations. If your situation is specifically about someone copying your logo or visual mark, and you need to […]
Category Archives: Intellectual Property
11
Nov
Nov
You’ve built something valuable. Your brand has recognition, loyal customers, and a proven business model. Now you’re ready to scale through franchising. But here’s what most franchisors realize too late: the moment you hand your brand to franchisees, you’re trusting strangers to protect what took you years to build. Franchising in India is tricky. We […]
01
Sep
Sep
TL;DR: Most trademark application problems in India are preventable, and they cluster around seven specific mistakes: filing in the wrong class, an inadequate search before filing, choosing a mark that isn’t distinctive enough, incomplete documentation, incorrect applicant details, missing priority claims, and improper power of attorney paperwork. Each of these can trigger an examination objection, […]
18
Mar
Mar
TL;DR: An unregistered brand in India is not unprotected, but it is protected by a much weaker and slower remedy. Section 27 of the Trade Marks Act, 1999 bars an infringement suit for an unregistered mark, but expressly preserves the common law action for passing off. The catch is that passing off requires you to […]
14
Mar
Mar
TL;DR: Trademark rights are territorial, which means a registration in one country protects you only in that country. There is no single “global trademark.” To protect a brand across borders, you either file directly in each country you care about, or use the Madrid Protocol to file one international application covering multiple member countries at […]
15
Oct
Oct
TL;DR: Most founders choose a brand name first and think about protecting it later. That order is backwards, and it is the single most expensive naming mistake there is. The strongest brands are built the other way round: they choose a name that is legally distinctive, they clear it, across trademarks, domains, and social handles, […]
05
Apr
Apr
my legal pal attorney cease and desist letter.
02
Mar
Mar
TL;DR: No. There is no fixed number of seconds that makes using a song safe without a licence, anywhere in the world, including India. Any recognisable portion of a copyrighted song, even a few seconds, can amount to infringement. Fair use in the US and fair dealing under Section 52 of India’s Copyright Act are […]
25
Jan
Jan
TL;DR: Registering a trademark in India means filing Form TM-A with the Trade Marks Registry, choosing the right class under the Nice Classification, getting through examination, surviving the publication and opposition window, and receiving your certificate. The process realistically takes 12 to 18 months if uncontested. Government fees start at ₹4,500 per class for individuals […]
21
Jan
Jan
TL;DR: A trademark protects the signs that identify your business, your name, logo, or slogan, and stops others from trading off your reputation. Trademark rights are territorial, so protection is granted country by country, though the Madrid System lets you file across many countries through one application. The core principles are similar everywhere, but the […]