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Tag: Indian Trademark Law

September 4, 2025
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Can a Trade Mark be opposed in India before it is Adver...

In India, the law provides for formal opposition to a trademark application only after it is advertised, but can a third party intervene even during the pre-advertisement stage?...
August 20, 2025
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A Stitch in Time: Quia Timet and Trademarks in India

Brand owners can use quia timet actions in India proactively to stop trademark infringement before it even happens, but must be careful about how, when and before which forum they seek remedies....
India's Trademark overhaul: Rules are not enough
July 23, 2025
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India’s Trademark overhaul: Rules are not enough

With India now ranked in the global top 10 for all three major categories of intellectual property rights (patents, designs, and trademarks), according to the World Intellectual Property Indicators (WIPI) ....
May 8, 2025
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Beyond identical: How Indian courts view likelihood of ...

Adopting a secondary mark alongside a house mark is not always straightforward. Indian Courts weigh in on the likelihood of confusion in such cases, providing insights into trademark strategy and brand identity. ......
February 19, 2024
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Safe and Sound: Protecting Sonic Identities as Trademar...

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 2026 NICE Refresh: Codifying AI Services in Class 42 and implications for AI businesse...

The 13th edition of the Nice Classification (referred to as NCL 13-2026) came into effect on 1 January 2026. We have already provided an overview of the changes in the new edition ...

When the Internet Refuses to Move On: Media Reporting, Discharge and Dignity

In the case of IE Online Media Services Private Limited v. Nitin Bhatnagar and Ors. , the High Court of Delhi ("High Court") upheld an interim injunction directing restraint on...

A Reset of India’s Export Import Rules

To promote ease of doing business in cross-border trade through simplified procedures and reduced compliance burdens, the Reserve Bank of India ("RBI"), on January 16...

The Judicial Stance on Contractual Bars and Pendente Lite Interest in Arbitration

In the realm of commercial disputes, debates pertaining to awarding of interest remains constant. For every business that deals with contracts, clauses pertaining to...

Defining Patent Ownership in India: Employment Contracts as Valid Proof of Right

In India, a patent application can be filed not just by the true and first inventor, but also by the assignee of an inventor. This is provided for under Section 6 of the Indian Patents Act...

A Peaceful Atomic Age Dawns: India’s SHANTI Act and the Nuclear Patent Revolution

The Indian Parliament recently passed the Sustainable Harnessing and Advancement of Nuclear Energy for Transforming India Act, 2025 (SHANTI Act), laying the groundwork for a...

Draft Labour Rules: A Step Forward Towards Implementation

On December 31, 2025, the Ministry of Labour and Employment ("Ministry") released the draft rules for the implementation of the four labour codes, marking a significant advancement in...

Bottled ‘Pride’: A Trademark Whisky War in India

How far can ‘pride’ go in succeeding in a trademark passing off suit? The Supreme Court of India had occasion to consider this, although not quite literally,...

The DPIIT Working Paper on AI and Copyright: Regulatory Signals and Practical Implications...

Artificial intelligence ("AI") is no longer at the margins of business strategy. For many organisations, it has become embedded in product design, customer engagement, internal workflows and long-term planning...

Vague Definitions, Harsh Penalties and Constitutional Incompatibility: Why the Karnataka H...

On December 10, 2025, the Government of Karnataka tabled the Karnataka Hate Speech and Hate Crimes (Prevention) Bill, 2025 (the "Bill") to prevent dissemination and punish perpetrators of hate speech and hate crimes...