Trademark

The Indian government has notified amendments to the Indian Trade Marks Act, 1999, which decriminalises minor offences and revises penalties, and also introduces an adjudicating mechanism. These amendments came into effect from 1 August 2024. ......

The Delhi High Court has held that effacement of trademarks from refurbished or resold goods would amount to impairment, even if international exhaustion is at play. However, resale may be valid and permissible if refurbished goods are offered for sale with full and proper disclosure, as per terms laid down by the court. ......

Businesses tend to prioritise securing their rights in their primary jurisdictions of operation, and / or jurisdictions that are strategically advantageous. This applies across all aspects of operation, whether it is incorporation, tax residency or even intellectual property (IP). The challenge with the latter is that some types of IP are jurisdiction-specific. ......

The success of a business depends on various elements, including its brand. Commonly understood as just the name and logo, “brand” has a deeper meaning, incorporating many factors that feed into the consumer experience offered by the business. A successful brand strategy leverages brand identities to create imagery that prompts instant recall in consumers’ minds. ......

The primary objective of intellectual property (IP) law is to encourage creativity and innovation; the law must also maintain a fine balance such that the use of such creativity and innovation is not prevented outright, but also not abused. This is why IP and IP-related laws have requirements like demonstrating the working of patents in a jurisdiction, or preventing domain squatting, and so on. ......

Food is a language that connects everyone worldwide. Cuisines change every few hundred miles, food habits and preferences vary with the climate, and families have their own culinary secrets that get passed on from generation to generation. Everyone has something to share and protect. ......

Filing for a trademark and having it examined by the Trade Marks Office is only the first step in the journey towards obtaining a registered trademark. Under Indian Trademark law, once a trademark applied for has been examined for objections pertaining to distinctiveness or similarity with earlier cited marks, the trademark application is advertised in the Trademarks Journal. ......

Under Indian trade mark law, the term “well-known trademark” refers to a mark which has become so well-known to a substantial segment of the public through its extensive and continuous use such that its use in relation to any other goods or services by another party may be taken as indicating a connection between the two parties. ......

Under Indian trademark law, any person claiming to be the proprietor of a trademark may apply to register the trademark. The trademark may either be in use or proposed to be used. Generally, the person who uses or controls both the use of the trademark and the nature and quality of the goods or services to which it is affixed, is considered the owner of the trademark. ......