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India follows the "first to use" trademark system, which is similar to the trademark system in the United States. This means that the person or entity that is the first to use a trademark in commerce in India generally has priority over others who may seek to use or register the same or similar trademark later .
North American businesses can take several steps to avoid trademark infringement and squatting in India, including conducting a trademark search, registering their trademark with the Indian Trademark Registry, monitoring their trademark in the Indian market, taking legal action when necessary, and working with local experts .
To ensure that their confidential information is protected and enforceable in India, American companies should consider using an NDA that has been specifically drafted for use in India. This can be done by consulting with an Indian attorney who has experience with drafting and reviewing NDAs .
In general, an Indian lawyer who is licensed to practice law in one province may appear in any court in India, subject to certain limitations and restrictions .