Indian trademark law | Intellepedia

Summary of Indian Trademark Cases of 2019

This post summarises major Indian trademark cases of 2019, focusing on judicial reasoning in infringement and brand protection disputes. It analyses significant legal developments across sectors, reflecting the courts’ approach to trademark rights enforcement.

Part I: Descriptive Marks – Can They be Protected?

This post discusses the eligibility of descriptive marks for trademark protection under Indian law. It explores statutory requirements and outlines the broader legal context, setting the stage for a comparative analysis with other jurisdictions.

Beer versus Whiskey- Beer Wins 8PM battle

The Delhi High Court decided there was no trademark infringement or passing off in the 8pm case between Radico Khaitan and Carlsberg. The court found clear differences between beer and whiskey products, denying the plaintiff’s injunction claim.

Introduction to Well-Known Trademarks and Trademark Dilution

The post explores well-known trademarks and the different forms of trademark dilution under Indian and international law. It discusses statutory definitions, key criteria, and legal distinctions relevant to the protection of famous marks.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence might be accepted.

Evidence Required to Determine Well Knownness of a Trademark – Part III

This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.

An In-Depth look at the Trademark Registration Process- Part 1

This post examines the legal definition and registration process for trademarks in India under the Trade Marks Act, 1999. It outlines the acquisition and protection of trademark rights, providing a structured introduction to the statutory and procedural framework.

Doctrine of Foreign Equivalents – Part 2

This post explores how Indian courts interpret the Doctrine of Foreign Equivalents in trademark registration. Focusing on a Bombay High Court case, it highlights the legal reasoning and practical implications for marks using foreign words.

Grounds for Refusal of Trademark Registration – Part 1

This post explores the absolute grounds for refusal of trademark registration in India, focusing on Section 9 of the Trade Marks Act, 1999. It discusses distinctiveness requirements and the circumstances under which descriptive or customary marks may be registered.

Should Every Business get a Trademark under 35?

The post examines whether every business needs to register a trademark under class 35 in India, especially for software companies. It clarifies the relevance of trademark classes and warns against filing unnecessary applications.