Building a dynamic landscape - World Trademark Review

Building a dynamic landscape

By Bisman Kaur and Raghav Paul

With speedier resolution of lawsuits expected to clear backlogs in litigation and the government seeking to simplify registration procedures, the trademark environment in India is undergoing significant changes

India ranks fifth in the world when it comes to trademark filings. In 2015 289,843 applications were filed (World Intellectual Property Organisation Statistics Database, October 2016), an increase of 21.9% on the previous year – the fourth highest growth in filing activity globally. As the number of trademark applications continues to rise, so have the disputes surrounding ownership and use. While Indian trademark jurisprudence is reasonably mature, more litigation means that existing legal provisions and precedents are being reinterpreted more frequently than ever before. In the past year new considerations have arisen to determine the jurisdiction in which to sue infringers. For well-known brands looking to prove their reputation in India, there is fresh guidance on the type of evidence that should be used to prove local fame.

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