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12Regulatory

Intellectual Property

Advisory and enforcement support for trademark, copyright and related IP matters.

Protecting and enforcing intellectual property rights calls for both registration-stage diligence and, where necessary, firm enforcement action. We assist clients with IP-related advisory and contentious matters.

Services and matters handled

  • Trademark and copyright disputes
  • IP infringement and passing-off matters
  • Cease-and-desist correspondence
  • IP-related advisory support

How a matter of this kind proceeds

  1. Establishing the right

    1–3 weeks

    We confirm what right is actually held — registration, or reputation built through use — and gather the evidence that proves it. Enforcement is only as strong as this step.

  2. Cease and desist

    Days to issue; 2–4 weeks to response

    A notice is issued setting out the right and the infringement, and requiring it to stop. Many matters end here.

  3. Injunction proceedings

    Interim application heard early

    Where infringement continues, a suit is filed with an application for interim injunction, which in IP matters is often the decisive stage.

  4. Trial or settlement

    Governed by court listing

    Matters frequently settle on terms after interim orders; where they do not, the suit proceeds to evidence and judgment.

Timelines are indicative only. Listing and hearing dates are set by the court or tribunal concerned and are outside the firm’s control.

Common questions

My mark is not registered. Can I still stop a copycat?

An unregistered mark can be protected in a passing-off action, which rests on reputation acquired through use, misrepresentation by the other party and resulting damage. The evidentiary burden is heavier than for a registered mark, which is a good reason to register.

Someone is using my content online. What can I do?

Options include a notice to the infringer, a takedown request to the platform or intermediary, and proceedings for injunction and damages. Which is proportionate depends on the scale of the use and on whether the infringer can be identified.

How quickly must I act?

Promptly. Delay in enforcing an IP right weakens an application for interim injunction, because the court asks why urgent relief is needed now if the use was tolerated earlier. Acquiescence is a defence, and it is built by inaction.

Related practice areas

All practice areas
13

Consumer Disputes

Representation before consumer forums in goods and services disputes.

Including: Complaints before District, State and National Consumer Commissions; Deficiency-of-service matters

11

Constitutional & Public Law

Writ petitions and constitutional remedies before the High Court and Supreme Court.

Including: Writ petitions (certiorari, mandamus, habeas corpus)

01

Civil Litigation

Representation in civil suits, injunctions and recovery proceedings before Delhi’s trial courts and High Court.

Including: Civil suits and recovery actions; Injunctions and interim relief

A intellectual property matter of your own?

Write to us with a short description of it, and we will tell you what it turns on and what the options are. Nothing sent through this site is a retainer.

+91 98108 06329

Monday – Saturday, 10:00 AM – 6:30 PM

Send an enquiry