Under the Trade Marks Act, 1999, trademarks that are likely to deceive the public or cause confusion as to the geographical origin of […]
Madras High Court Declines to Interfere in Trademark Opposition Proceedings of the Trade Marks Registry
Trademark
Registration, Prior Use and Trademark Enforcement: Delhi High Court Examines the Scope of Trademark Protection
Trademark disputes commonly require courts to balance competing claims of registration, prior use, reputation, and honest adoption. Indian trademark law recognises the rights […]
Prior Use, Passing Off and Interim Relief: Delhi High Court Examines Competing Claims over Mark
The law of passing off under Section 27(2) of the Trade Marks Act, 1999 protects the goodwill and reputation associated with marks that […]
Bombay High Court Holds Rule 45 Deadline under Trade Marks Rules to be Directory, Not Mandatory
Procedural timelines in trademark proceedings serve an important purpose by ensuring that opposition and rectification proceedings move in an orderly manner and parties […]
Delhi High Court Allows Trademark Renewal After 6-Year Delay Due to Failure of Statutory Notice Service
Trademark renewal is often treated as a routine administrative exercise. However, the effects of non-renewal can be commercially severe, particularly when a long-standing […]
Guarding Creativity Online: Delhi High Court on Copyright and Passing Off in Social Media Advertising
Social media campaigns, influencer-led promotions and digital advertising have transformed online content into a commercially valuable form of intellectual property. Distinctive campaign themes, […]
Refurbishment, Exhaustion and Trademark Law: Delhi High Court Clarifies the Limits of Infringement
With the rapid growth of the secondary market for refurbished, repaired and pre-owned products, Indian courts are increasingly being called upon to examine […]
Trademark Protection In Ayurveda: Delhi High Court Clarifies Deceptive Similarity And Dominant Features
Indian courts treat trademark protection in the pharmaceutical and ayurvedic sectors with special care because it affects consumer health and safety. The Delhi […]
Design Expired, Trademark Survives: Calcutta High Court Decides on Shape Marks
The overlap between design protection and trademark protection has been a topic of debate in Indian intellectual property law. While the Designs Act, […]
Delhi High Court: IP damages for Nutella jar shape mark breach
Delhi High Court’s judgment, in Ferrero SpA & Ors v Abhimanyu Prakash & Ors, engages with various questions of law concerning the scope of […]