Trademark

The odds of successfully obtaining or protecting a trademark depend on various factors. For example, the presence of identical or similar marks, either pre-existing on the trade marks register or available in the market is a fundamental test. Another factor is the proposed mark’s distinctiveness, or its ability to stand out on its own. ......

When hardcoded statutory deadlines are violated, can delays be condoned? This was the central question answered by the Delhi High Court in The European Union Represented by the European Commission vs. Union of India. The court allowed for an extension of a non-extendable statutory deadline in a patent matter because of the exceptional circumstances of the case. ......

Cinema is a way of life in India, and the one film that epitomizes this national obsession is Sholay. Released nearly half a century ago, Sholay is a genre-defining film, whose appeal transcends all boundaries of geography, language, ideology, and class, and that established standards for what we now call “masala” blockbusters. ......

Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ......

The forum for adjudicating commercial suits in India is governed by the Commercial Courts Act, 2015 (“CCA”), where cases are heard by courts at different levels depending on the valuation of the suits. Lesser-valued cases are heard by courts lower in the judicial hierarchy and fall outside the direct scrutiny of the CCA, thus being subject to relatively lower regulation. ......

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ......

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ......

What are the various stages involved in the registration of an Indian Trademark? The Trademarks Law in India is governed by the Trade Marks Act, 1999. The Act provides for registration of any mark which is capable of being represented graphically as a word, device, label, numerals, or combination of colors and capable of distinguishing the goods or serv......