Indian trademark law | Intellepedia

Interesting Trademarks, AASHIRWAD Trademark Dispute, CGDPTM Annual Report 2015-16, US Special 301 Report, Pokemon Merchandising License and more

This article reviews current Indian trademark statistics, major legal disputes, and trends in filings and registrations. It also examines international reports, licensing updates, and Geographical Indication developments with an analytical, factual approach.

INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – PART 3

This post provides a comparative analysis of trademark protection for movie titles in the US and India. It examines USPTO registration criteria and explores how single film titles are treated under both legal frameworks.

INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – Part 2

This post examines major Indian legal cases on trademark protection of movie titles, focusing on secondary meaning and distinctiveness as essential criteria. It discusses industry registration practices and landmark High Court decisions impacting the film industry.

Likelihood of Confusion: Numerals as Trade Marks

The Delhi High Court recently considered whether different numeral trademarks can be deceptively similar, focusing on the marks ‘1001’ and ‘6004’ in a paint industry dispute. The decision clarifies that use of different numerals as trade marks does not automatically lead to infringement without deceptive similarity.

Trade Mark Office issues public notice regarding mass abandonment of applications

The Trade Mark Office has released a public notice addressing the mass abandonment of trademark applications due to missed responses to examination reports. Applicants have been invited to submit representations with evidence by 30th April 2016 if they believe their applications were wrongly treated as abandoned.

The Indian Express case

The Bombay High Court held that using ‘Indian Express’ in a different script amounts to trademark infringement, protecting the mark’s well-known status. The judgment clarifies the interplay between trademark rights and newspaper title registration in India.

Trademark Infringement on Ecommerce Platforms- Royal Enfield v. ebay.in

The Royal Enfield v. ebay.in case addresses trademark infringement on ecommerce platforms in India. The Delhi High Court issued an interim injunction, reinforcing the rights of trademark owners against unauthorised use online.

Trademark Infringement in the Automobile Industry Part I: Tata Motors, Bajaj Auto Limited

This post analyses landmark Indian cases of trademark infringement in the automobile industry, focusing on Tata Motors and Bajaj Auto Limited. It discusses judicial approaches to brand protection and the legal standards governing trademark use in India.

Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

The IPAB’s decision in Hypnos Ltd. v. PEPS Industries addresses the requirements for proving trans-border reputation and well-known status in Indian trademark disputes. The Board’s approach highlights the importance of local use and robust evidence in rectification proceedings.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

This post discusses the key statutory and judicial factors for determining the well knownness of a trademark under the Trade Marks Act, 1999. It highlights the legal criteria and relevant case law, emphasising the need for jurisdiction-specific evidence.