Region: India

Everything you need to know about trademarks in India in 2021

Last year was an exciting one for trademarks in India, with the abolition of the IP Appellate Board signalling a sea change in how trademarks are treated. Shailendra Bhandare and Sourav Dan of Khaitan & Co give their on-the-ground take of a significant 12 months.

27 January 2022

Delhi High Court: invisible use of trademark as keyword in Google AdWord amounts to use and infringement

This decision of the Delhi High Court deals a major blow to Google, which may have to rethink its Google Ads programme.

12 January 2022

Court upholds Davidoff’s rights in CHAMPION and dumbbell shape marks

Zino Davidoff SA has prevailed in a dispute with Ramsons Perfumes Pvt Ltd over the use of the mark CHAMPION and a dumbbell-shaped bottle for perfumes.

06 January 2022

“We are a company with a heart”: how agro-solutions giant UPL balances innovation with sustainability

UPL’s first lead global trademark counsel reveals how one of the world’s biggest agricultural solutions companies protects its reputation for innovation in sustainability.

15 December 2021

Delhi High Court: intent to target Indian market is sine qua non condition to exercise jurisdiction

Tata Sons failed to prevent Hakunamatata Tata Founders and others, which deal in cryptocurrency under the name/mark TATA COIN/$ TATA, from using the trademark TATA.

19 November 2021

Delhi High Court: Section 124 does not bar continuation of passing-off suit during pendency of rectification petition

The Delhi High Court has clarified that a passing-off suit is not covered by the scope of Section 124 of the Trademarks Act and need not be stayed during the pendency of rectification proceedings.

29 October 2021

Madras High Court: WOODS for incense sticks is suggestive

The manufacturer of the Woods incense sticks has failed in its attempt to prevent a competitor from using the mark HEAVEN WOOD.

13 October 2021

Online marketplaces in India that should be on counterfeit enforcement radars – part two

Featured in Online marketplace counterfeit hotspots

Continuing our focus on online marketplaces in India that brand owners should monitor, local experts also reveal common enforcement mistakes and how they can be overcome.

07 October 2021

Online marketplaces in India that should be on counterfeit enforcement radars – part one

Featured in Online marketplace counterfeit hotspots

In the latest instalment identifying the digital marketplaces that brand owners should monitor as part of their global anti-counterfeiting efforts, we head to India.

06 October 2021

Addition of house mark inconsequential if sub-brand is similar to earlier mark and functions as trademark

When faced with a similar prior mark in an availability search, a typical workaround is to add a house mark to the proposed mark. This decision of the Division Bench of the Bombay High Court highlights that such solution may not always work.

23 September 2021

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