Tribunals Reforms Ordinance 2021 and amendments to the Trade Marks Act, 1999
The Tribunals Reforms Ordinance 2021 has resulted in the abolition of the Appellate Board under the Trade Marks Act, 1999 and transferred its powers to the High Courts…
Indian trademark law
97 articles
ISKCON Declared as a Well-Known Trademark, Booking.com isn’t Generic, Held by US Supreme Court, and more
The bulletin covers ISKCON’s recognition as a well-known trademark, the US Supreme Court’s decision on Booking.com, and notable brand licensing and GI updates. Legal developments are presented with…
6255 Trademark Applications Filed this Week
This post analyses weekly Indian trademark statistics, recording a sharp decline in published applications and increases in show cause disposals and registrations. The data is compiled from official…
Puma Shoos Away a Trademark Infringer, New “Apple Watch Studio” Trademark for Customizable Watches, and more
This bulletin examines trademark infringement and brand licensing cases, including Puma's court victory and Apple's new trademark application. It also highlights recent franchising and domain name dispute updates…
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…
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…
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…
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…
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…
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…