While deciding prior use disputes, courts in India have relied on substantial evidence by any claimant of such prior use that can prove […]
Determinative Evidence Needed to Prove Prior Use: The Tussle over “Sanjha Chulha”
Trademark
High Threshold for Evidence in Recent Cases to Prove Trans-Border Reputation of Trademarks in India
According to the principles of transborder reputation, it exists when a trademark gains reputation across the border or beyond the territorial limits of […]
Preparatory use of a mark as legitimate use
To prevent the cancellation of a trademark due to non-use, the owner must use the mark within a specified timeframe. Under section 47 […]
Another Opportunity for Applicants to Avoid Abandonment of Trademark Applications
In continuation of its public notices dated February 06, 2023, the Office of the CGPDTM, India has issued two public notices dated March […]
Winzo vs. Google Warning Against the Download of an App is not Disparagement
Disparagement of trademarks refers to the act of making negative or derogatory statements about a particular trademark, brand, or product in a way […]
Dipping a cautious toe in the e-commerce swamp
The Open Network for Digital Commerce (ONDC) aims to democratise e-commerce and improve sellers’ visibility and portability of trust. A non-profit company, ONDC […]
Exclusivity over “Sub”: Subway v. Suberb
One of the world’s largest restaurant brands serving customizable and signature sandwiches, wraps and salads – “Subway”, recently filed an infringement suit against […]
Success in IP appeal is sweet indeed
The appeal from the refusal of an application by Hamdard National Foundation for an interim injunction against Sardar Laboratories, the subject of previous commentary, […]
Fight Between Territoriality and Universality of Trademarks
“What’s in a name?” the famous Shakespearean quote, is perhaps, one of the most widely cited pieces of literature. However, this appears to […]
Public Notice: Opportunity to Avoid Abandonment of Trademark Applications
The Office of the Controller General Patents, Designs and Trademarks, India issued two public notices dated February 06, 2023 (https://search.ipindia… Read the Public […]