07
IP - Trademark & Copyright
Your name, your logo and your product are assets. Registering them is cheap; discovering someone else registered first is not.
10
Obligations tracked
7
Statutory forms
0
Things you do
What this covers
Most founders think about intellectual property twice - once when they pick a name, and once when there is a problem. The gap between those two moments is usually several years, and it is where the value leaks out.
A trademark protects the name and mark you trade under. Registration is not mandatory, but it is what lets you stop someone else using it, and India operates on a first-to-file basis in practice. Copyright in software, content and design exists automatically, but registration makes it far easier to enforce.
The other half is ownership, and it is the half diligence actually checks. If a contractor built your product and never signed an assignment, the copyright may not be yours. That is a contract problem with an IP consequence, and it is the single most common IP defect we find.
The calendar
Every obligation, with dates.
| What it is | Form | When | Who it applies to |
|---|---|---|---|
| Trademark search | - | Before adopting a name | Every business |
| Trademark application | TM-A | Any time; earlier is better | Name, logo, tagline |
| Examination response | - | Within the prescribed period | Where the registry objects |
| Opposition response | - | Within the prescribed period | Where a third party opposes |
| Trademark registration | - | Typically 12–24 months | After acceptance |
| Trademark renewal | TM-R | Every 10 years | Every registered mark |
| Copyright registration | Form XIV | Any time | Software, content, artistic works |
| Design registration | - | Before public disclosure | Product shape and appearance |
| Assignment and licensing | - | On transfer | Contractors, founders, acquirers |
| IP assignment in contracts | - | At engagement | Every employee and contractor |
Trademark search
Form · -
When · Before adopting a name
Every business
Trademark application
Form · TM-A
When · Any time; earlier is better
Name, logo, tagline
Examination response
Form · -
When · Within the prescribed period
Where the registry objects
Opposition response
Form · -
When · Within the prescribed period
Where a third party opposes
Trademark registration
Form · -
When · Typically 12–24 months
After acceptance
Trademark renewal
Form · TM-R
When · Every 10 years
Every registered mark
Copyright registration
Form · Form XIV
When · Any time
Software, content, artistic works
Design registration
Form · -
When · Before public disclosure
Product shape and appearance
Assignment and licensing
Form · -
When · On transfer
Contractors, founders, acquirers
IP assignment in contracts
Form · -
When · At engagement
Every employee and contractor
Our side
What we do.
- Run a trademark search before you commit to a name, so you find the conflict now rather than after you print signage
- File the trademark application in the correct classes
- Respond to examination reports and registry objections
- Handle opposition proceedings where a third party objects
- Track renewal dates so a registered mark never lapses quietly
- Register copyright in your software, content and artistic works
- Draft assignment and licensing agreements
- Audit your existing contracts for missing IP assignments from employees, contractors and founders, and get them signed
- Maintain an IP register so you know what you own and when it expires
If you miss it
There is no penalty for not registering intellectual property. The cost is different in kind: an unregistered mark is difficult to defend, a lapsed renewal can be lost to someone else, and an unassigned copyright is discovered by an acquirer's counsel rather than by you. Trademarks lapse if not renewed, and nobody sends a reminder.
Trade Marks Act, 1999 · Copyright Act, 1957 · Designs Act, 2000
Process
How it runs.
- 01
We search first
Before you commit to a name, we find out who else is using it. This is the cheapest hour you will spend.
- 02
We file and follow through
Application, then examination response, then opposition if it comes. Registration takes time; we carry it.
- 03
We track ownership
The register of what you own, the renewal dates, and the assignments that make it actually yours.
Questions founders ask
You are not required to. But registration is what gives you the ability to stop someone else, and in practice the earlier filing wins. It is inexpensive relative to what a rebrand costs.
Typically twelve to twenty-four months if unopposed. Your rights date from the application, so filing early matters more than the timeline suggests.
Copyright exists on creation, yes. But registration makes enforcement significantly easier, and none of it matters if the person who wrote the code never assigned it to the company.
This is the most common IP defect we find, and it is fixable while the relationship is good. Get an assignment signed now. It is a contracts problem before it is an IP problem.
Tracking is - your registrations, renewal dates and assignment gaps sit on your compliance calendar. Filing an application, responding to an examination report or defending an opposition is quoted separately.
Related
Compliance you do not have to think about.
Tell us your CIN and what you are worried about. We will tell you exactly what applies to your company.
Every filing under this service is reviewed and signed by a practising Company Secretary or Chartered Accountant engaged on your account.