IP Infringement / Transfer
Action against IP infringement — notices, injunctions and suits — and IP assignments, licences and transfers with proper recordal.
- Estimate Cost
- ₹25,000 – ₹3,00,000
- Typical duration
- 30 days
Service overview
- This service covers two areas
- The first is enforcement when someone uses your trademark, copyright, design or patent without permission
- The second is the lawful transfer of IP rights through assignment and licensing agreements, with recording at the IP Office
Who needs it? / When is it needed?
- Brand owners, creators and inventors whose IP is being copied or misused.
- Businesses buying, selling, licensing or franchising IP.
- Companies restructuring IP ownership between group entities or founders.
What to expect from the WCP Professionals
- Infringement investigation and evidence collection.
- Cease-and-desist notices.
- Takedown requests on e-commerce platforms and social media.
- Filing civil suits for injunctions and damages before commercial courts, and criminal complaints where available.
- Drafting assignment, licence and franchise agreements.
- Recording transfers with the IP Office.
Key deliverables
- Infringement assessment report.
- Legal notice or platform takedown complaint.
- Court filings, as required.
- Executed assignment or licence agreement.
- Updated ownership record at the IP Office.
Standard turnaround time
- Legal notice: 2–5 working days.
- Platform takedowns: 1–3 weeks.
- Interim injunction: weeks to a few months.
- Full litigation: 1–3 years.
- Recording of assignment: 2–6 months.
Government fees, timelines & key outcomes
- Court fees depend on the court and the relief claimed.
- Stamp duty on agreements varies by state.
- Statutory fees apply for recording assignments (Form TM-P for trademarks, Form 16 for patents).
- Key outcome: infringement stopped and clear, enforceable IP ownership.
Forms & filings involved
- Form TM-P (trademark assignment or transmission).
- Form 16 (patent assignment).
- Copyright assignment recordal with the Copyright Office.
- Plaint, interim application and supporting affidavits for suits.
Documents required
- Registration certificates or proof of IP ownership.
- Evidence of infringement (photos, purchase invoices, URLs, screenshots).
- Proposed commercial terms for transfers.
- Board resolutions or KYC of the parties.
What we need from you
- Clear instructions on your business objectives (settlement or litigation).
- Prompt access to evidence and witnesses.
- Execution and stamping of agreements.
Important conditions
- Copyright assignments must be in writing.
- Unregistered trademarks are protected only through a passing-off claim.
- Delay in taking action can weaken a claim for injunctive relief.
- Outcomes of litigation cannot be guaranteed.
Additional information
- Regular market and online monitoring helps detect infringement early.
- Related services: Trademark Registration, IPR Hearing, Legal Notice drafting.
The estimated cost covers indicative professional fees only. Government fees, stamp duty and taxes are payable at actuals.
How it works
- 1. Raise a service enquiry describing your requirement.
- 2. A Relationship Manager reviews it and opens it for bidding.
- 3. Pay into escrow and assign the professional you select.
- 4. Track progress to completion, then accept and release payment.
Frequently asked questions
What can I do if someone copies my brand?
Send a cease-and-desist notice, and if needed file a suit for infringement or passing off seeking an injunction and damages.
Can I sue for an unregistered trademark?
Yes, through a passing-off action, though registration makes enforcement easier.
Must an IP assignment be in writing?
Yes. Trademark, copyright, patent and design assignments must be in writing, and should be recorded with the IP Office.
Which court hears IP suits?
Commercial courts at the District level or High Courts with original jurisdiction, depending on the value of the suit.