A business name, software product, design or creative work can be valuable without its ownership and permitted use being clearly documented. Kothari & Jain advises businesses and creators on identifying intellectual property, protecting commercial interests and responding to misuse. The first question is what the asset actually is, who created it and how the claimed rights arose.
Protection and commercial use
- Trademark selection, application strategy, objections and opposition-related advice.
- Copyright ownership, commissioning arrangements and permitted use of creative material.
- IP clauses in employment, consultancy, development and commercial agreements.
- Licensing, assignments, confidentiality terms and transaction due diligence.
- Assessment of infringement allegations, notices, settlement terms and available proceedings.
The appropriate work depends on the asset. A brand clearance review is different from reviewing source-code ownership or permissions for a creative work. Our work on this page concerns trademarks, copyright and related commercial agreements and disputes. The firm does not undertake patent applications or patent registration.
Choosing the correct form of protection
The Trade Marks Registry administers trademark registration under the Trade Marks Act, 1999 and Rules, 2017. The specification of goods or services and the identity of the applicant should fit the business. An application is not an assurance of registration, and a company-name or domain registration is not a substitute for assessing trademark rights.
IP India’s copyright guidance explains that copyright protects original expression rather than ideas and generally arises automatically, with registration serving an evidentiary role. Commercial documents should therefore address authorship, ownership, licences and assignments even where no registration application has been made.
Responding to an infringement concern
Before sending a demand, identify the right relied on, relevant dates, the allegedly infringing material and the business objective. Sometimes the immediate priority is preserving online evidence; in other matters it is negotiating use restrictions or resolving an ownership gap. Public accusations and broad takedown demands should follow a considered assessment of the evidence and available remedies.
Documents for the first discussion
Bring registration or application numbers, registry correspondence, dated examples of use, invoices and promotional material. For creative or technical works, include commissioning contracts, employment terms, version history and assignments. For a dispute, retain the complete notice, dated screenshots with URLs, relevant agreements and information about the other party. Explain planned launches, investor diligence or hearing dates that may affect urgency.
Common questions
Can one registration protect everything my business creates?
No. Brands, original works, inventions and designs raise different questions. A useful review maps each asset and the protection or contractual arrangements appropriate to it.
Can a freelancer’s invoice establish ownership by itself?
It may establish payment, but ownership and permission to use the work need review of the agreement and applicable law. The intended rights should be clearly documented.
Should I respond to a legal notice even if I disagree?
Have its claims and deadlines assessed promptly. Preserve evidence before modifying disputed material, and avoid admissions or threats in an improvised response.
Discuss your matter
To arrange a discussion, call +91 8793660616 or +91 7887718191, or use our contact page. Please initially share the parties’ names, a short description and any approaching deadline so that conflicts and the appropriate scope of assistance can be checked.