Overlapping IP Protection: Call for Caution
Overlapping IP protection has become common, leading to both expanded rights for owners and reduced benefits for the public. This post analyses the Indian legal framework and calls…
Trademark Law India
63 articles
Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others
The case examines legal consequences of software copyright and trademark infringement in India, focusing on Autodesk and Microsoft’s claims against M & S Consultancy. The court’s decision reinforces…
Trademark Registration: Prima Facie Evidence of Validity?
The Delhi High Court has held that trademark registration does not automatically serve as prima facie evidence of validity. This decision, particularly impacting descriptive marks, invites scrutiny of…
Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?
The High Court of Delhi examined whether exclusivity can be claimed over the term IMPERIAL for alcoholic beverages. The judgment clarified that IMPERIAL is a descriptive and laudatory…
Design as a Trademark?, Bumblebee Dispute Settled, Kodaikanal Hill Garlic GI and other news
The post examines current trends in trademark law India, highlighting recent statistics, legal rulings, and major trademark disputes. It also discusses new licensing agreements and the application for…
Highlights of Trademark Rules 2017 (Part 1) : Revised Trademark Fees and comparison with Trademark Rules 2002
The Trademark Rules 2017 brought significant changes to the trademark registration process, including increased fees and online filing incentives. This post provides a comparative analysis of the revised…
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…
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…
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…
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…