Vitiation of IPAB – Changes under the Trade Marks Act

The abolition of IPAB under the Tribunals Reforms Ordinance 2021 has transferred its powers under the Trade Marks Act to the Registrar and High Courts. This post analyses the resulting legal changes and their implications for trademark registration, dispute resolution, and appellate processes.

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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 and Registrar. This post provides an analytical summary of the legislative amendments and their implications for trademark law in India.

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Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The Madras High Court reiterated that generic terms in trademarks cannot be monopolized and must be assessed as part of the whole mark. The Court set aside the IPAB’s order to remove Rhizome’s mark, clarifying the application of the Trade Marks Act in such disputes.

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An In-Depth Look at the Trademark Registration Process – Part IV

This post analyses the trademark examination stage in the Indian registration process, highlighting statutory requirements and responses to objections. It outlines the transition to advertisement in the Trademark Journal, maintaining a clear and factual legal perspective.

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