Trademark Law India | Intellepedia

Clinic plus v. Head & Shoulders, Comparative advertising, Trump Trademarks, INTA study on counterfeit products and piracy & more

This update reviews major trademark law developments in India, including recent court judgments and trends in comparative advertising. It also provides insights into Trump-related trademark filings, the INTA study on counterfeiting, and international trademark law changes.

Sephora Cosmetics prevail over footwear, British MNC GlaxoSmithKline wins trademark infringement suit against GSK and more.

This weekly update examines key Indian trademark disputes, including Sephora’s resolution with a local footwear business and GlaxoSmithKline’s legal victory over GSK Life Sciences. It also discusses the Bombay High Court’s rationale in dismissing Vogue’s infringement suit.

TM Registry Issues New Public Notice Regarding Abandoned TM Applications

The Trade Marks Registry has issued a notification concerning 9578 abandoned trademark applications due to non-response to Examination Reports. Applicants have been given a final chance to respond by July 31, 2016, to avoid abandonment of their applications.

Comments and Suggestions on the Draft Trademark Rules, 2015

This analysis examines the Draft Trademark Rules 2015, discussing improvements in registration procedures and areas needing further clarity. The post highlights both the benefits and possible drawbacks of the proposed amendments, offering structured suggestions for more effective implementation.

Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

The Draft Trademark (Amendment) Rules, 2015 propose major changes to Indian trademark law, including increased filing fees and fewer application forms. While the streamlined process is welcome, expanded discretionary powers for the Registrar may lead to concerns regarding well-known trademark recognition.

Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

The post analyses the legal benchmarks for establishing a trademark as well known, emphasizing the necessity of recognition among a substantial segment of relevant consumers. It discusses case law and evidentiary standards required to demonstrate such reputation in Indian trademark law.

Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

The Delhi High Court recently ruled that applicants cannot later refute their own submissions made during trademark prosecution. The judgment underscores the significance of consistent representations, especially concerning generic terms in trademark disputes within the news industry.