Tags Trademark

Tag: Trademark

September 13, 2023
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The High Court of Telangana Opines on the ROC’s P...

The High Court of Telangana, in its judgment dated August 24, 2023 in the case of M/s GMR Spintex Private Limited, rep. by its Director v The Regional Director, Ministry of Corporate Affairs , upheld an order passed by the Ministry of Corporate Affairs, where, it directed the change of name of a company on the grounds that it may cause confusion and deception. ......
June 29, 2023
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APPLE: HAVE THEY BITTEN OFF MORE THAN THEY CAN CHEW?

Apple Inc. ("Apple") is taking on apples everywhere in a truly bizarre trademark battle. Apple has now initiated proceedings in order to secure proprietary rights to the image of apples, the fruit, in Switzerland. Arguably, Apple has now become synonymous with phones, laptops, and with the image of an apple with a bite taken out. ......
December 8, 2022
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OPPOSING TRADEMARKS IN INDIA

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. ......
June 27, 2022
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Filing Trademarks in India: From Application to Renewal...

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. ......
August 17, 2021
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A Moment to Remember: Personality rights, Moment market...

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. ......
May 3, 2021
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Who Judges Whom: Turf Wars, Forum Shopping and Anti-sui...

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. ......
April 7, 2021
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Is your original work automatically protected by copyri...

One of the first questions that comes to the mind of an artist or a creator, as soon as a work is created, is how can the work be protected. Is protection available only if the work is “registered”, or does protection follow automatically from the time of its creation? The issue of whether copyright registration is compulsory or not is a long standing one; and due to various conflicting judgements in India, artists and creators have always been uncertain about this matter. ......
November 9, 2020
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Trademark Counsel in the time of Cancel Culture

With 2020 being the year when everyone is practically living on the internet, it has been an interesting, challenging, and unprecedented year for those involved in brand reputation and brand management. ‘Cancel culture’ has gripped the world, and brands must now deal with excessive scrutiny and criticism on social media platforms and other forums from audiences belonging to all walks of life. ......
August 22, 2019
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Protecting IP across Border through Customs

Intellectual Property (IP) not only safeguards just ideas or concepts but protects genuine business assets that are integral to the core services of the business. Obtaining proper IP protection is critical and can make or break a business. The need to protect IP rights across borders has emerged as a significant issue....

Consent Managers and Account Aggregators: Strengthening India’s Data Governance Fram...

Pursuant to the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), the personal data of a 'Data Principal' can be processed only in accordance with the DPDP Act and for a lawful purpose for which the Data Principal has given consent. This consent needs to be 'free, specific, informed, unconditional and unambiguous' with a clear affirmative action. ...

EMERGING TRENDS IN DATA PRIVACY IN INDIA: ANTICIPATIONS FOR 2025 AND BEYOND

In August 2023, India witnessed a pivotal shift in its data privacy regulatory landscape with the enactment of the Digital Personal Data Protection Act, 2023 ("DPDP Act"). The DPDP Act provides a comprehensive set of guidelines that must be adhered to when managing digital personal data, ensuring the protection of individuals' privacy rights while balancing legitimate business needs and government requirements. ...

Are plant treatments to be treated as agriculture?: Indian courts clarify

The question of whether an invention for a method of treatment of plants is also a method of agriculture or horticulture, and therefore, excluded from patentability, has been laid to rest by multiple decisions of Indian high courts. This note discusses three recent cases from the Delhi and Calcutta High Courts, which discuss the applicability of Sections 3(h) and 3(i), and will significantly impact patent applications in this space. ...

Consent Requirements under the Draft DPDP Rules – A Comparison with the Provisions of the ...

The Ministry of Electronics and Information Technology (Meity) released the Draft Digital Personal Data Protection Rules, 2025 ("Draft Rules") on January 3, 2025. The Draft Rules, introduced to supplement the implementation of the Digital Personal Data Protection Act, 2023 ("DPDP Act"), mark a significant step forward in regulating and safeguarding the use of personal data. ...

Essentially Biological Processes for Production of Plants

Indian law excludes from patentability ‘essentially biological processes’ under Section 3(j) of the Patents Act, but does not explain what degree of human intervention can shift an invention away from being deemed ‘essentially biological’. A recent decision of the Madras High Court attempts an interpretation of this provision, highlighting also the importance of well reasoned orders from the patent office. ...

In Perfect Time: When to file divisional applications

Divisional applications must be filed before the parent patent application is granted or rejected, but getting the timing right can be tricky, especially when it is not known as to when the grant or rejection will actually take place. A recent case from the Madras High Court offers insights as to when divisional applications must be filed in different scenarios. ...

LEGAL PERSPECTIVES ON AI GOVERNANCE IN INDIA: A SUMMARY OF THE AI GOVERNANCE GUIDELINES R...

Artificial Intelligence ("AI") holds transformative potential for India’s economy and society. However, this power also brings legal, ethical, and regulatory challenges that necessitate a comprehensive governance framework. The "Report on AI Governance Guidelines Development" ("Report") outlines India’s roadmap for addressing these challenges through a legally sound and inclusive approach. ...

Trademark Tussle: Wipro & Himalaya Fight Over EVECARE

The Delhi High Court restrained Wipro from using the mark ‘EVECARE’ for women’s hygiene products after Himalaya filed a passing off action. The case discusses questions around the elements of passing off involving allied/cognate goods, and the relevance of the NICE system of classification of trademarks in such actions. ...

Examining the Draft Digital Personal Data Protection Rules, 2025

On January 3, 2025, the Ministry of Electronics and Information Technology ("MeitY") notified the draft Digital Personal Data Protection Rules, 2025 (the "Draft Rules") under the Digital Personal Data Protection Act, 2023 (the "Act"). The Draft Rules aim to operationalize the Act by laying down the rules and standards necessary for the implementation of the same. ...

Examining the Draft Bill on Unregulated Lending Activities in India

On December 13, 2024, the Ministry of Finance introduced the Banning of Unregulated Lending Activities (Draft) Bill ("Bill"). This Bill was based on a report submitted by the Reserve Bank of India's ("RBI") working group on digital lending. The Bill envisages the banning of all lending entities that are: (a) not authorized by the RBI or other regulators; and (b) not registered under any other law to undertake a public lending business activity. . . .