--- title: "Trademarks, copyright, designs and trade secrets, Ernakulam" description: "Trademarks, copyright, designs and trade secrets: 25 matters, each with the law, forum, procedure, documents and limitation. Trademark search —…" url: "https://advaslam.com/practice/business-banking-ipr/matters/trademark-copyright-design-secrets/" image: "https://advaslam.com/og.png" --- Business, banking, IPR & tax # Trademarks, copyright, designs and trade secrets 25 matters from the Business, banking, IPR & tax index. Each entry sets out the problem, the law, the forum, the procedure, the documents usually needed and the limitation clock. General information only — verify the current position on your facts before acting. **Contents** Trademark registration and prosecution 1. Trademark search — availability and clearance note 2. Trademark registration — TM-A application pack 3. Sec 9/11 examination objection — reply drafting 4. Sec 21 opposition — notice / counter-statement 5. Renewal (Sec 25) — diary + filing 6. Registered-user (Sec 49) — recordal support 7. TM licensing / assignment — deed drafting 8. Sec 47 rectification / cancellation — petition drafting 9. Well-known trademark declaration before the Registrar 10. GI choice — tag vs TM note Brand, logo and passing-off disputes 1. Sec 29 infringement suit — plaint (registered mark) 2. Brand, logo and trade-dress copying — Section 27 passing-off suit 3. Descriptive / generic defence — reply in TM suit 4. Ex-parte ad-interim injunction — IA brief in IP suit 5. Anton-Piller-type commission — application for intrusive relief Copyright, including software and source code 1. Copyright Form-XIV — registration pack 2. Software and source-code ownership — Section 17(c), employer vs developer 3. Course/content © enforcement — piracy brief 4. Photo © — photographer/brand dispute 5. YouTube/IG strike + counter — creator pack Trade secrets and confidentiality 1. Trade secrets and confidentiality — NDA and injunction pack Domain-name and marketplace takedowns 1. INDRP / UDRP domain dispute — panel complaint and parallel suit 2. Marketplace / social takedown — notice pack Patents and designs 1. Patents — patentability opinion and infringement; filing through a registered patent agent 2. Design registration — Form-1 filing ## Trademark registration and prosecution ### Trademark search — availability and clearance note Name/logo may clash; marketing printed before filing. What it involvesStartups, shops, restaurants, coaches, SaaS. Relevant lawSec 9 (absolute) + Sec 11 (relative) Trade Marks Act; class selection (NICE). ForumAdvisory; IP India e-register. Procedure & stageExact + phonetic + transliteration (Malayalam/Hindi/English) + class + common-law (Google/marketplace/domain) search → risk table (identical/deceptive/suggestive) → filing or rebrand. RemedyLow-objection class + specification; rebrand before spend. High Court connectionNil. Documents normally requiredProposed mark, logo, goods/services list, prior use proof. LimitationSearch before launch; use-date preserved for affidavit later. **Related:** TM-A; objection Sec 9/11. **Same name in different class safe?** Depends on well-known + deceptive similarity – note risk-grades, not guarantees. ### Trademark registration — TM-A application pack Needs ©/™ to ® path, priority, MSME/startup fee. What it involvesSame as above. Relevant lawTrade Marks Rules; user-date claim; fee schedules. ForumTrade Marks Registry (Chennai for Kerala – filing online). Procedure & stageApplicant + class + specification + user date + agent authorisation (Form TM-M, r.19) → TM-A → Vienna coding → examination. RemedyApplication number for ™ use; opposition window later. High Court connectionNil at filing. Documents normally requiredPAN/UDYAM/startup proof (for fee), logo, use proof, POA. LimitationUse-date evidence preserved; examination-report reply later due within one month of receipt (TM Rules 2017, r.33(4)). **Related:** Objection; opposition; renewal. **™ vs ®?** ™ on application; ® only after registration. ### Sec 9/11 examination objection — reply drafting Objection: descriptive / deceptive / similar to cited mark. What it involvesTM applicants. Relevant lawSec 9 (distinctiveness/descriptive/deceptive) + Sec 11 (conflict); evidence of use. ForumTrade Marks Registry (reply drafted directly; hearing attended through an agent or counsel where needed). Procedure & stageCited-mark comparison chart → inherent/acquired distinctiveness affidavit + sales/ads/use proof → amended specification/disclaimer offer → hearing brief. RemedyAcceptance / advertisement before acceptance. High Court connectionAppeal to High Court within 3 months of communication of the Registrar’s order (TM Act S.91) Documents normally requiredExamination report, use/sales/ads, invoices, media, affidavit. LimitationReply within one month of receiving the examination report (r.33(4)); hearing diary. **Related:** Opposition; rectification. **Descriptive mark registrable?** Only with acquired distinctiveness proof. ### Sec 21 opposition — notice / counter-statement Third party opposes; or client wants to oppose rival. What it involvesBoth sides. Relevant lawSec 21; TM Rules (counter, evidence affidavits). ForumRegistry; appeal to HC. Procedure & stageOpposition notice audit → counter-statement denying + user-date + distinctiveness → evidence rounds (Rule 45-47) → hearing brief. RemedyRegistration granted/refused; costs. High Court connectionAppeal to HC Kerala track Documents normally requiredApplication/opposition, use proofs, market evidence. LimitationOpposition within 4 months of advertisement (S.21(1)); counter-statement within 2 months of receiving the notice, else abandoned (S.21(2)) – strict. **Related:** Infringement vs opposition strategy; rectification. **Ignore opposition?** Abandonment follows – note urges counter on time. ### Renewal (Sec 25) — diary + filing 10-year term lapsing; restoration surcharge risk. What it involvesAll proprietors. Relevant lawSec 25: 10-year term; renewal with surcharge within 6 months of expiry (S.25(3) proviso); restoration within 1 year of expiry (S.25(4)). ForumRegistry. Procedure & stageExpiry diary → Form TM-R renewal (up to 1 year before expiry – r.57) → surcharge/restoration if lapsed → use proof preserved. RemedyContinued ®; restoration if delay explained. High Court connectionNil ordinarily. Documents normally requiredRegistration, applicant ID, POA. Limitation10 years + 6-month surcharge window + restoration within 1 year of expiry (S.25; r.60) – diary 12/6/1-month alerts advised. **Related:** Non-use; licensing. **Lapsed 2 years – revivable?** Beyond restoration, re-file + opposition risk. ### Registered-user (Sec 49) — recordal support Licensee wants statutory registered-user status. What it involvesLong-term licensees, group companies. Relevant lawSec 48-50; TM Rules. ForumRegistry. Procedure & stageAgreement + affidavits + control terms → joint application on Form TM-U (S.49) → register entry. RemedyStatutory user + permitted-use protection from non-use attack. High Court connectionAppeal track if refused. Documents normally requiredRegistration, agreement, control/quality proof, affidavits. LimitationFile during licence currency. **Related:** Sec 47 non-use defence; licensing. **Registered user vs assignment?** User is permission; assignment is ownership transfer – note distinguishes. ### TM licensing / assignment — deed drafting Distributor/franchisee needs right to use brand; founder sells mark. What it involvesLicensors/assignees. Relevant lawSec 38-45 (assignment/transmission); licence + registered-user below. ForumRegistry recordal + civil enforcement. Procedure & stageScope, territory, term, royalty + audit, quality control, termination, recordal (assignment on Form TM-P, r.75; registered user on Form TM-U) → stamp. RemedyEnforceable licence; recordal protects vs third party. High Court connectionAppeal on recordal refusal (rare). Documents normally requiredRegistration, commercial terms, ID, prior licence. LimitationRecord promptly; renewal diary separate. **Related:** Registered user; franchise. **Unrecorded licence valid?** Inter-partes yes, vs third party weak. ### Sec 47 rectification / cancellation — petition drafting Rival mark unused for 5+ years or wrongly registered; or client faces non-use attack. What it involvesBoth sides. Relevant lawSec 47 (non-use) + Sec 57 (rectification); application lies to the High Court or the Registrar (S.57(1)). ForumRegistrar or High Court (S.57) – petition drafted directly; appearance advised according to the forum chosen. Procedure & stageNon-use proof (continuous 5 years ending 3 months before the application – S.47(1)(b)) → rectification/cancellation petition + use-evidence bundle (for defence) → hearing brief via counsel where needed. RemedyRemoval/stay on register; costs. High Court connectionHC remedy where forum is HC Documents normally requiredRegistration, sales/use or non-use market proof, investigator note, affidavits. LimitationPlead exact non-use dates; delay weakens. **Related:** Renewal; licensing-recordal (protects use). **Non-use for 2 years enough?** No – statutory window must be met. ### Well-known trademark declaration before the Registrar Brand copied across classes/goods; ordinary class-wise rights leave gaps; client seeks statutory well-known recognition. What it involvesBrand owners with substantial cross-class/trans-border goodwill. Relevant lawTM Act S.11(6)-(9) (well-known mark protection; Registrar's determination); TM Rules 2017 r.124 (request on Form TM-M with the First-Schedule fee, statement of case + evidence). ForumTrade Marks Registry (application and hearing through an agent or counsel) → High Court appeal (S.91) / writ on refusal. Procedure & stageReputation evidence (sales/ads, media, online presence, cross-class registrations, global use) → Rule 124 request on Form TM-M → registry examination/hearing via agent/counsel → declaration → deploy in oppositions/infringement. RemedyDeclaration recorded; stronger footing in objections/oppositions/infringement – no assurance of grant. High Court connectionHC appeal/writ on refusal; Registry hearing via agent/counsel. Documents normally requiredRegistration certificates, sales/ads data, media/online evidence, prior recognition, application form + fee. LimitationNo limitation; file with a complete reputation record; registry timeline tracked. **Related:** Sec 9/11 objection; Sec 21 opposition; infringement suit. **Well-known status = monopoly in all classes?** No – it strengthens protection against deceptive use; separate class registrations still needed. ### GI choice — tag vs TM note Place-linked product (e.g., craft/food) – GI or TM? What it involvesCollectives, FPOs, artisans. Relevant lawGI Act (collective, place-link) vs TM (single-owner brand). ForumGI Registry (Chennai) – the choice note is prepared directly; GI filing is referred to an agent or counsel. Procedure & stagePlace-link + producer-group check → GI vs TM vs both → referral for GI filing; TM filed in parallel for house brand. RemedyGI tag + TM brand dual protection. High Court connectionAppeal track advice – referral. Documents normally requiredOrigin proof, producer list, quality code, prior TM. LimitationNo limitation; file before genericide. **Related:** TM search; licensing. **GI gives monopoly to one trader?** No – collective for all local producers. ## Brand, logo and passing-off disputes ### Sec 29 infringement suit — plaint (registered mark) Rival uses identical/deceptive mark on same goods. What it involvesRegistered proprietors. Relevant lawSec 29; Sec 134 forum; Sec 135 reliefs. ForumDistrict/Commercial Court Ernakulam (pecuniary) – drafted and argued directly; High Court if value/remedy warrants. Procedure & stageRegistration + use + confusion proof (bills, photos, mystery purchase) → cease notice → plaint + IA injunction + damages + delivery-up → execution. RemedyInjunction, damages/rendition, delivery-up, costs. High Court connectionAppeal to HC; writ not for private infringement. Documents normally requiredRegistration, use proof, infringing samples/bills, notice + postal proof, sales loss working. LimitationAct promptly – delay weakens injunction; suit 3-year from cause (recurring cause explained). **Related:** Passing-off (unregistered); ex-parte injunction; takedown. **Registration = automatic win?** No – use + confusion + delay still litigated. ### Brand, logo and trade-dress copying — Section 27 passing-off suit Copycat packaging/get-up without TM registration. What it involvesFMCG, restaurants, D2C sellers. Relevant lawSec 27(2) (passing-off saved) + common law (goodwill, misrepresentation, damage). ForumDistrict/Commercial Court Ernakulam; HC on value/appeal. Procedure & stageGoodwill proof (sales/ads/area) → misrepresentation table (photo comparison) → damage → notice → plaint + IA. RemedyInjunction + damages/delivery-up. High Court connectionAppeal to HC. Documents normally requiredSales/ads, packaging evolution, infringing pack + purchase bill, notice proof. LimitationPrompt action; delay = acquiescence argument. **Related:** Descriptive-defence note next; design overlap. **No registration – can I sue?** Yes via passing-off, but proof heavier. ### Descriptive / generic defence — reply in TM suit Sued for using common word (“Fresh”, “Kerala”, “Gold”). What it involvesDefendants in TM suits. Relevant lawSec 9/30/35 (descriptive/fair use) + distinctiveness burden on plaintiff. ForumSame IP court. Procedure & stageDictionary/market-use proof → plaintiff's mark weakness chart → honest-concurrent/fair-use pleading → non-confusion evidence. RemedyRefusal of injunction; dismissal/costs. High Court connectionAppeal Documents normally requiredMarket labels, dictionary, sales showing own distinct get-up, survey-lite (bills/reviews). LimitationWritten statement within 30 days of service; court may allow up to 90 days (CPC O.VIII R.1); in a commercial suit up to 120 days, after which the right is forfeited – diary. **Related:** Passing-off; rectification. **Add disclaimer – safe?** Helps but not automatic; overall confusion test remains. ### Ex-parte ad-interim injunction — IA brief in IP suit Infringer will dump stock / rebrand overnight if tipped. What it involvesTM/copyright/design owners. Relevant lawOrder 39 R1-2 + Sec 135; three-fold test (prima facie, balance, irreparable). ForumSame IP court. Procedure & stageInfringement table + urgency affidavit + commission/local inspection prayer + compliance undertaking → ex-parte → Order 39 R3 compliance → confirmation. RemedyAd-interim restraint, seizure, accounts. High Court connectionAppeal from injunction order (O43 / HC) Documents normally requiredRegistration, comparison chart, urgency proof, draft order. LimitationFile with plaint; R3 compliance 7-day/service diary. **Related:** Anton Piller-type commission (referral for execution complexity); marketplace takedown parallel. **Ex-parte granted easily?** Only on urgency + clean hands + specific proof. ### Anton-Piller-type commission — application for intrusive relief Proof sits in defendant's premises (moulds, servers, stock). What it involvesTM/copyright/secret owners. Relevant lawOrder 26/39 commission + confidentiality club; ex-parte safeguards. ForumCivil/Commercial Court / High Court. Procedure & stageStrong prima facie + destruction-risk affidavit → commissioner/search prayer draft → execution through the court-appointed commissioner → inventory + seal chain. RemedyPreservation/seizure; adverse inference if disobeyed. High Court connectionHC appeal/supervision Documents normally requiredInfringement proof, risk-of-destruction material, draft commission points. LimitationWith plaint/IA; compliance R3 diary. **Related:** Trade-secret suit; ex-parte injunction; infringement suit. **Surprise search granted routinely?** No – high threshold + safeguards. ## Copyright, including software and source code ### Copyright Form-XIV — registration pack Course, book, photo, software needs © record for takedown/suit. What it involvesEducators, photographers, agencies, developers. Relevant lawCopyright Act Sec 13-16; Rules Form XIV. ForumCopyright Office (online). Procedure & stageWork + author/owner chain → Form XIV + NOCs → diary extract → registration. RemedyPrima facie ownership record; stronger takedown/suit. High Court connectionStatutory appeal against the Registrar’s order (S.72) if refused. Documents normally requiredWork copy, ID, assignment/NOC, publication proof. LimitationRegister before commercial release ideally; suit possible without registration (record helps). **Related:** Course/photo/software notes; strike. **© registration mandatory to sue?** No, but record shifts weight. ### Software and source-code ownership — Section 17(c), employer vs developer Freelancer/agency claims code; startup has no assignment. What it involvesSaaS, agencies, D2C tech. Relevant lawSec 17(c) (employer owns only if employment + contract) – contractor owns unless assigned; Sec 19 assignment writing. ForumCivil court/arbitration; advisory at contracting. Procedure & stageContract audit → assignment/IP clause + source-escrow + open-source hygiene → record + exit handover. RemedyOwnership clarity; injunction on withholding. High Court connectionArbitration S.9/S.11 support if tech contract has clause. Documents normally requiredMSA/SOW, payment, repo logs, assignment deed. LimitationSign before code delivery; escrow release diary. **Related:** SaaS SLA; NDA. **Paid in full – code ours?** Only with written assignment – payment alone insufficient. ### Course/content © enforcement — piracy brief Telegram/Drive resells recorded course/PDF. What it involvesCoaches, publishers. Relevant lawSec 51 infringement + Sec 63 offence + IT Act intermediary. ForumCivil court (injunction/damages) + police (Sec 63) + platform takedown. Procedure & stageOwnership + watermark/purchase trap → takedown + preserve (hash/screenshots) → notice → plaint/FIR as per scale. RemedyInjunction, damages, account/bank trail for damages. High Court connectionJohn-Doe order via court/HC for unknown uploaders Documents normally requiredRegistration/creation proof, infringing links, trap purchase, revenue loss working. LimitationTakedown within hours; suit promptly. **Related:** Takedown; photo/software. **Students sharing – criminal?** Commercial scale = Sec 63 + civil; private sharing = notice-first – note calibrates. ### Photo © — photographer/brand dispute Catalogue/product photos reused by competitor/reseller. What it involvesStudios, D2C, restaurants. Relevant lawSec 17 first ownership – photograph taken for valuable consideration at the instance of a person: that person is first owner absent contrary agreement (S.17(b)); employment → employer (S.17(c)); self-initiated → photographer; + Sec 51. ForumCivil court + platform. Procedure & stageRAW + assignment chain → invoice terms audit → takedown/notice → suit. RemedyInjunction + fee/damages + credit. High Court connectionAppeal Documents normally requiredRAW, assignment/invoice, publication dates, infringing URL. LimitationPreserve RAW hash; act before campaign ends. **Related:** Licence; software 17(c). **Paid photographer – who owns?** Commissioned photo for valuable consideration → the person at whose instance it was taken is first owner absent contrary agreement (S.17(b)); employment photos → employer (S.17(c)); self-initiated work stays with the photographer – invoice/contract clause decides – note audits. ### YouTube/IG strike + counter — creator pack Strike on own video; or thief re-uploads. What it involvesCreators, educators. Relevant lawPlatform © policy + Sec 51-52 (fair dealing) + IT Act. ForumPlatform; then civil court. Procedure & stageRights proof → strike/takedown with timestamp. RemedyRestore/monetisation or delisting; damages via suit. High Court connectionSuit/appeal on value. Documents normally requiredProject files, licences for music/clips, URLs, platform mails. LimitationCounter-notice within the window the platform’s policy sets; suit before limitation. **Related:** Course/photo; licence. **“Credit given” – safe?** No – permission/fair-dealing needed. ## Trade secrets and confidentiality ### Trade secrets and confidentiality — NDA and injunction pack Ex-employee/vendor takes formula/client data to rival. What it involvesManufacturers, agencies, clinics, SaaS. Relevant lawContract + Sec 27 limits (post-term restraint must be reasonable/confidentiality, not bare non-compete) + confidentiality injunction. ForumCivil/Commercial Court Ernakulam; HC on value/appeal. Procedure & stageSecret identification + access logs → NDA audit → forensic preservation → notice → plaint + IA (restraint/delivery) + commission prayer. RemedyInjunction, delivery, damages, rendition. High Court connectionAppeal to the High Court; commission/Anton-Piller-type relief through the court where the relief is intrusive. Documents normally requiredNDA, access/HR logs, leak proof, loss working. LimitationHours matter – preserve + move IA promptly; limitation 3 years. **Related:** NDA; Anton Piller next. **2-year non-compete stops ex-staff working?** Bare restraint void; confidentiality + non-solicit drafted reasonably. ## Domain-name and marketplace takedowns ### INDRP / UDRP domain dispute — panel complaint and parallel suit Cybersquatter holds.in.com with brand name. What it involvesBrand owners. Relevant lawINDRP (.in) / UDRP (.com) policies; bad-faith test. ForumNIXI/WIPO panel – appearance there is referred to counsel who practise before it. Procedure & stageMark rights + use + bad-faith bundle (parking, offer to sell, pattern) → complaint via counsel → parallel TM suit advice. RemedyTransfer/cancellation. High Court connectionCivil suit for injunction alongside – the suit is handled directly in Ernakulam or the High Court as value warrants. Documents normally requiredTM rights, traffic/use, whois history, offer mails, parking screenshots (notarised where needed). LimitationFile before squatter transfers; limitation for civil suit parallel preserved. **Related:** Takedown; licensing. **Will you argue before panel?** No – the panel complaint is referred to counsel who practise before it; the parallel civil-court injunction suit is handled directly. ### Marketplace / social takedown — notice pack Fake listings on Amazon/Flipkart/Meesho/Instagram. What it involvesSellers, brands, creators. Relevant lawPlatform IP policy + IT Act intermediary + TM/Copyright. ForumPlatform portal; then court. Procedure & stageRights proof + infringing URLs + test purchase + affidavit → portal complaint → repeat-infringer escalation → suit if seller persists. RemedyDelisting + account strike; damages via suit. High Court connectionJohn-Doe/Ashok-Kumar order via court/HC for unknown sellers Documents normally requiredRegistration, URLs with date, purchase + unboxing record, authorisation. LimitationRepeat sweeps weekly during season; suit before limitation. **Related:** Infringement; photo/course copyright. **Takedown = damages?** No – only delisting; money needs suit. ## Patents and designs ### Patents — patentability opinion and infringement; filing through a registered patent agent Product/process may be patentable; prior art, claims, filing route unclear. What it involvesMakers, startups, researchers. Relevant lawPatents Act (novelty, inventive step, Sec 3 exclusions) – general information only. ForumPatent Office – drafting, filing and prosecution through a registered patent agent (referred); patentability opinion and infringement suits in the competent court handled directly. Procedure & stageNDA before sharing → invention disclosure + prior-art search + Sec 3 screen → opinion on patentability and filing route → specification, filing and FER replies by the registered patent agent → grant; infringement suit where rights are violated. RemedyProvisional/complete, FER replies, grant. High Court connectionHigh Court appeal against the Controller’s orders and patent infringement suits – handled directly. Documents normally requiredNDA, disclosure note (kept confidential), drawings/dates, publication bar warning. LimitationFile before public disclosure; complete specification within 12 months of the provisional filing (Patents Act S.9(1)). **Related:** Design registration; NDA; trade-secret alternative. **Will you draft and file my patent application?** The application is drafted, filed and prosecuted by a registered patent agent, to whom it is referred; the patentability opinion, the NDA and any infringement suit are handled here. Keep the invention confidential before filing, because public disclosure can bar a patent. ### Design registration — Form-1 filing Shape/pattern/packaging needs design protection. What it involvesMakers, D2C, furniture/handicraft. Relevant lawDesigns Act (novelty, eye-appeal, non-functional). ForumDesign Office – filing and prosecution handled directly; NDA before disclosure. Procedure & stageNovelty + prior-publication screen → Form-1 with representations/drawings prepared and filed → copyright/design overlap caution. RemedyRegistration; cancellation defence. High Court connectionCancellation and appeal track – handled directly. Documents normally requiredDrawings/photos, dates, prior sales bar check, NDA. LimitationFile before publication/sale disclosure – strict novelty. **Related:** Patent filing; copyright Form-XIV; NDA/trade-secret. **Functional part protectable?** No – eye-appeal, not function. FAQ ## Trademarks, copyright, designs and trade secrets: common questions **How do I register a trademark for my business?** Start with an availability search under Sections 9 and 11 of the Trade Marks Act in the right class, then file Form TM-A online with the Trade Marks Registry, claiming the date of first use with evidence. A reply to an examination report is due within one month of receiving it. **Someone is copying our brand, logo or packaging. What can we do if the mark is not registered?** Section 27(2) of the Trade Marks Act keeps the common-law action for passing off: goodwill, misrepresentation and damage. The suit goes to the District or Commercial Court at Ernakulam, with an application for an injunction. Delay helps the other side argue acquiescence, so act promptly. **A freelancer built our software. Who owns the code?** Under Section 17(c) of the Copyright Act the employer owns work made under a contract of employment; a contractor or agency owns what it writes unless the copyright is assigned in writing under Section 19. The assignment should be signed before the code is delivered. Related matters - [Software copyright for Kerala startups](https://advaslam.com/writing/software-copyright-startup-kerala-guide/) - [Trade secrets and NDAs for startups](https://advaslam.com/writing/trade-secrets-nda-protection-startups-india/) - [IP assignment and licensing agreements](https://advaslam.com/practice/drafting/matters/agreements/) - [Online IPR takedowns — step-by-step guide](https://advaslam.com/guides/ipr-online-takedown-kerala-information/) More in this area ## Business, banking & IPR: other matters - [Company formation, governance and contracts](https://advaslam.com/practice/business-banking-ipr/matters/formation-governance-contracts/) - [Cheque bounce and MSME payment recovery](https://advaslam.com/practice/business-banking-ipr/matters/cheque-msme/) - [Bank recovery, SARFAESI and DRT papers](https://advaslam.com/practice/business-banking-ipr/matters/sarfaesi-drt-banking/) - Trademarks, copyright, designs and trade secrets - [Arbitration, mediation and insolvency](https://advaslam.com/practice/business-banking-ipr/matters/arbitration-insolvency/) - [GST and income tax](https://advaslam.com/practice/business-banking-ipr/matters/tax/) [Every matter in this area, on one page →](https://advaslam.com/practice/business-banking-ipr/matters/) [Business, banking & IPR: the practice area →](https://advaslam.com/practice/business-banking-ipr/) Procedure guides - [Online IPR Takedown Kerala (TM/Copyright)](https://advaslam.com/guides/ipr-online-takedown-kerala-information/) - [SARFAESI, DRT & Writ Route: Borrower Guide](https://advaslam.com/guides/sarfaesi-drt-writ-route-information/) - [Section 138 Cheque Bounce Kerala Guide](https://advaslam.com/guides/section-138-cheque-bounce-kerala-procedure/) Contact [WhatsApp](https://wa.me/919497240215?text=Hello%2C%20I%20found%20advaslam.com%20and%20would%20like%20to%20discuss%20a%20matter.) 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A reply to an examination report is due within one month of receiving it."}},{"@type":"Question","name":"Someone is copying our brand, logo or packaging. What can we do if the mark is not registered?","acceptedAnswer":{"@type":"Answer","text":"Section 27(2) of the Trade Marks Act keeps the common-law action for passing off: goodwill, misrepresentation and damage. The suit goes to the District or Commercial Court at Ernakulam, with an application for an injunction. Delay helps the other side argue acquiescence, so act promptly."}},{"@type":"Question","name":"A freelancer built our software. Who owns the code?","acceptedAnswer":{"@type":"Answer","text":"Under Section 17(c) of the Copyright Act the employer owns work made under a contract of employment; a contractor or agency owns what it writes unless the copyright is assigned in writing under Section 19. The assignment should be signed before the code is delivered."}},{"@type":"Question","name":"Same name in different class safe?","acceptedAnswer":{"@type":"Answer","text":"Depends on well-known + deceptive similarity – note risk-grades, not guarantees."}},{"@type":"Question","name":"™ vs ®?","acceptedAnswer":{"@type":"Answer","text":"™ on application; ® only after registration."}},{"@type":"Question","name":"Descriptive mark registrable?","acceptedAnswer":{"@type":"Answer","text":"Only with acquired distinctiveness proof."}},{"@type":"Question","name":"Ignore opposition?","acceptedAnswer":{"@type":"Answer","text":"Abandonment follows – note urges counter on time."}},{"@type":"Question","name":"Registration = automatic win?","acceptedAnswer":{"@type":"Answer","text":"No – use + confusion + delay still litigated."}},{"@type":"Question","name":"Ex-parte granted easily?","acceptedAnswer":{"@type":"Answer","text":"Only on urgency + clean hands + specific proof."}},{"@type":"Question","name":"Will you argue before panel?","acceptedAnswer":{"@type":"Answer","text":"No – the panel complaint is referred to counsel who practise before it; the parallel civil-court injunction suit is handled directly."}},{"@type":"Question","name":"Takedown = damages?","acceptedAnswer":{"@type":"Answer","text":"No – only delisting; money needs suit."}},{"@type":"Question","name":"Unrecorded licence valid?","acceptedAnswer":{"@type":"Answer","text":"Inter-partes yes, vs third party weak."}},{"@type":"Question","name":"Registered user vs assignment?","acceptedAnswer":{"@type":"Answer","text":"User is permission; assignment is ownership transfer – note distinguishes."}},{"@type":"Question","name":"Non-use for 2 years enough?","acceptedAnswer":{"@type":"Answer","text":"No – statutory window must be met."}},{"@type":"Question","name":"Lapsed 2 years – revivable?","acceptedAnswer":{"@type":"Answer","text":"Beyond restoration, re-file + opposition risk."}},{"@type":"Question","name":"No registration – can I sue?","acceptedAnswer":{"@type":"Answer","text":"Yes via passing-off, but proof heavier."}},{"@type":"Question","name":"Add disclaimer – safe?","acceptedAnswer":{"@type":"Answer","text":"Helps but not automatic; overall confusion test remains."}},{"@type":"Question","name":"© registration mandatory to sue?","acceptedAnswer":{"@type":"Answer","text":"No, but record shifts weight."}},{"@type":"Question","name":"Students sharing – criminal?","acceptedAnswer":{"@type":"Answer","text":"Commercial scale = Sec 63 + civil; private sharing = notice-first – note calibrates."}},{"@type":"Question","name":"Paid photographer – who owns?","acceptedAnswer":{"@type":"Answer","text":"Commissioned photo for valuable consideration → the person at whose instance it was taken is first owner absent contrary agreement (S.17(b)); employment photos → employer (S.17(c)); self-initiated work stays with the photographer – invoice/contract clause decides – note audits."}},{"@type":"Question","name":"“Credit given” – safe?","acceptedAnswer":{"@type":"Answer","text":"No – permission/fair-dealing needed."}},{"@type":"Question","name":"Paid in full – code ours?","acceptedAnswer":{"@type":"Answer","text":"Only with written assignment – payment alone insufficient."}},{"@type":"Question","name":"Will you draft and file my patent application?","acceptedAnswer":{"@type":"Answer","text":"The application is drafted, filed and prosecuted by a registered patent agent, to whom it is referred; the patentability opinion, the NDA and any infringement suit are handled here. Keep the invention confidential before filing, because public disclosure can bar a patent."}},{"@type":"Question","name":"Functional part protectable?","acceptedAnswer":{"@type":"Answer","text":"No – eye-appeal, not function."}},{"@type":"Question","name":"2-year non-compete stops ex-staff working?","acceptedAnswer":{"@type":"Answer","text":"Bare restraint void; confidentiality + non-solicit drafted reasonably."}},{"@type":"Question","name":"Surprise search granted routinely?","acceptedAnswer":{"@type":"Answer","text":"No – high threshold + safeguards."}},{"@type":"Question","name":"GI gives monopoly to one trader?","acceptedAnswer":{"@type":"Answer","text":"No – collective for all local producers."}},{"@type":"Question","name":"Well-known status = monopoly in all classes?","acceptedAnswer":{"@type":"Answer","text":"No – it strengthens protection against deceptive use; separate class registrations still needed."}}]}]} ```