Does my company own IP created by a freelancer or agency?

Not automatically. Under the Copyright Act, 1957 the author is generally the first owner, with a limited exception for works made in the course of employment under a contract of service. A freelancer or agency works under a contract for service, so ownership stays with them unless there is a written assignment. Commissioning agreements should therefore include an express present assignment of all IP together with a waiver of moral rights to the extent permissible.

Can I stop someone using a similar brand name if my mark is unregistered?

Possibly, through a passing-off action. Indian law protects prior users of an unregistered mark where reputation and goodwill, misrepresentation and likely damage can be established. Section 34 of the Trade Marks Act, 1999 also protects a prior user against a later registered proprietor. However, evidence of continuous prior use becomes critical, which is why registration is still strongly preferable.

How long does trade mark registration take in India?

Filing itself is quick and gives an application date, but the full path through formality check, examination, response to the examination report, possible hearing, advertisement in the Trade Marks Journal, the four-month opposition window and finally registration typically extends over a considerable period. Where an opposition is filed, the timeline lengthens substantially. Use of the TM symbol is permissible while the application is pending.

Legal consultation

Intellectual Property Law Consultation in India

Intellectual property consultation covers the creation, ownership, licensing and enforcement of IP rights in India. The framework includes the Trade Marks Act, 1999, the Copyright Act, 1957, the Patents Act, 1970 and the Designs Act, 2000. A consultation typically addresses clearance and registrability, filing and prosecution strategy, opposition and rectification, assignment and licensing, employee and contractor IP ownership, and enforcement against infringement or passing off.

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Key takeaways

Trade mark rights in India arise both from registration and from prior use, so a clearance search should cover both.
Copyright subsists automatically on creation; registration is evidentiary rather than constitutive.
IP created by a contractor does not vest in the hiring party by default — a written assignment is needed.
Enforcement usually combines a cease-and-desist notice with civil action for injunction and damages.

What we can help with

Matters commonly handled in intellectual property law.

Trade mark search, filing and prosecution
Trade mark opposition and rectification
Copyright ownership, licensing and assignment
Patent filing strategy and prior-art considerations
Design registration
Trade secret and confidential information protection
IP assignment in employment and contractor agreements
Technology and content licensing
Infringement and passing-off actions
Domain name and online brand enforcement

When should you consult a lawyer?

Before launching a brand, product name or logo
When an examination report or opposition is received
Before publishing or licensing content you did not create
When engaging agencies, developers or freelancers
When you discover a third party using your mark or content
Before an investment or acquisition where IP is a key asset

What information should you prepare?

A consultation is far more productive when these are settled in advance.

The mark, work or invention, described precisely
When it was first created and first used commercially
Who created it, and under what engagement
Which classes, markets or territories matter
Details of the infringing use, if any

What documents should you bring?

Existing registrations, applications and examination reports
Evidence of first use — invoices, advertisements, listings
Assignment, employment or contractor agreements
Licence agreements in force
Screenshots or samples of the infringing use

Governing law

The primary Indian legislation that applies in this area.

Trade Marks Act, 1999
Copyright Act, 1957
Patents Act, 1970
Designs Act, 2000
Indian Contract Act, 1872 (for assignment and licensing)

How Sutor works

1Describe your matter in plain language
2Upload the documents that relate to it
3Research the applicable Indian law and authorities
4Get legal guidance on the position and your options
5Continue working on the matter in one place

Frequently asked questions

Does my company own IP created by a freelancer or agency?: Not automatically. Under the Copyright Act, 1957 the author is generally the first owner, with a limited exception for works made in the course of employment under a contract of service. A freelancer or agency works under a contract for service, so ownership stays with them unless there is a written assignment. Commissioning agreements should therefore include an express present assignment of all IP together with a waiver of moral rights to the extent permissible.
Can I stop someone using a similar brand name if my mark is unregistered?: Possibly, through a passing-off action. Indian law protects prior users of an unregistered mark where reputation and goodwill, misrepresentation and likely damage can be established. Section 34 of the Trade Marks Act, 1999 also protects a prior user against a later registered proprietor. However, evidence of continuous prior use becomes critical, which is why registration is still strongly preferable.
How long does trade mark registration take in India?: Filing itself is quick and gives an application date, but the full path through formality check, examination, response to the examination report, possible hearing, advertisement in the Trade Marks Journal, the four-month opposition window and finally registration typically extends over a considerable period. Where an opposition is filed, the timeline lengthens substantially. Use of the TM symbol is permissible while the application is pending.

Sources & editorial information

Jurisdiction: India
Last reviewed: 17 September 2026
Legal status: Current

Primary sources

Trade Marks Act, 1999
Copyright Act, 1957
Patents Act, 1970
Designs Act, 2000
Indian Contract Act, 1872 (for assignment and licensing)

This page is general legal information about Indian law, prepared against identified legal sources. It is not legal advice and does not create a lawyer–client relationship. Apply it to your own facts only after a consultation with a qualified legal professional.

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