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Tag: Trademarks in India

August 26, 2025
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Guide to the 13th Nice Classification (2025-26) for Tra...

The updated 13th edition of the Nice Classification reclassifies goods and services to streamline the trademark application and registration process....
Let numbers talk
May 22, 2025
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Let numbers talk: Branding numeric trademarks in India

Is your brand ready for the numeric revolution? The “2929” Delhi High Court decision signals a pivotal shift, proving numbers can be powerful, distinctive trademarks in a rapidly evolving digital landscape. ......
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. ......
April 29, 2025
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Is Your Brand Ready for the Multilingual Internet Revol...

As India officially moves towards multilingual web domains, new challenges emerge for businesses and other stakeholders. How must we prepare for this multilingual revolution?. ......
January 9, 2025
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Trademark Tussle: Wipro & Himalaya Fight Over EVEC...

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. ......
July 1, 2024
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Trademark squatting: Keeping early birds at bay

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. ......
February 13, 2024
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Trademark ‘trafficking’ in bad faith can invite cancell...

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. ......
January 30, 2024
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Food for Thought: IP Protection in the Indian Food Indu...

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. ......
January 31, 2023
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From Distinctiveness to Genericide: Avoiding 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. ......

Formulation fight: Amgen case tests patentability of biopharmaceuticals in India

In a high-stakes case, the Madras High Court examines whether Amgen's specific formulation is non-obvious and patentable, and whether the prior art guides...

Implementation of India’s Four Labour Codes: Key Changes and the Road Ahead

On November 21, 2025, the Ministry of Labour and Employment issued notifications operationalizing substantial portions of India's four labour codes...

The Digital Personal Data Protection Rules, 2025: A New Digital Frontier

The Ministry of Information and Technology (“MeitY”) on Thursday, November 13, 2025 notified the Digital Personal Data Protection Rules, 2025 (the “DPDP Rules”), framed under the Digital Personal Data Protection Act, 2023 (the “DPDP Act”).

Indemnity and Limitation of Liability Clauses: Strategic Risk Allocation in Commercial Con...

In the world of commercial contracts, astute risk management is paramount. Among the arsenal of legal tools and safeguards available to parties, the indemnity and limitation...

RBI Opens the Doors to Bank-Funded M&A’s: Boosting Domestic Acquisition Financi...

Recently, the Reserve Bank of India ("RBI") Governor, Mr. Sanjay Malhotra underscored the importance of enabling Indian banks to finance acquisitions by domestic corporates...

Government Sahyog in Tightening Takedowns

In 2021, the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 ("IT Intermediary Rules") were notified in furtherance of the Central Government's power to make rules...

Data Clean Rooms: The Future of Privacy-Compliant Data Collaboration

As organisations grapple with increasingly stringent privacy and data protection laws, the concept of the Data Clean Room (“DCR“) has emerged as a transformative solution that enables collaboration without compromising compliance.

The power of transition phrases in Indian patent drafting: the ‘Frimline’ Ruli...

Transition phrases are crucial in patent drafting for they define the scope of a claim. Choosing the correct phrase can impact what rights an applicant can enforce, as determined by the Delhi High Court recently, in Frimline v. K-Smatco

Representations, Warranties and Covenants: What are the consequences of breach?

Representations, Warranties and Covenants clauses are included in all commercial contracts. Traditionally, the nomenclature has not been clearly delineated, and representation and warranties are grouped together in a manner that often led them to be viewed as synonymous terms.

Pharmacyclics Continues the Divisional Applications Debate in India

In 2024, the Indian Patent Office (“IPO”) issued the Patents (Amendment) Rules, 2024 (“Rules”), which, among other things, amended the rules relating to filing of divisional applications.