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10 July 2013

India’s franchising industry could be worth $50 billion by 2017

A recent report estimates that the $13.4 billion Indian franchising industry could grow almost fourfold by 2017. The findings suggest vast opportunities for brand owners to take a stake in the country’s booming consumer market – but trademark counsel will have to be vigilant to ensure that brands are protected when entering into franchise relationships.

08 June 2013

India’s accession to the Madrid Protocol may result in serious confusion, warn trademark counsel

Set to accede to the Madrid Protocol on July 8, trademark counsel point out that India’s ratification could result in marketplace chaos due to an overlooked provision in the legal framework. International brand-owners that plan to apply for trademark registration are counseled to specify a jurisdiction in their applications to avoid potential confusion.

21 February 2013

Trademarks Office initiates special project to clear backlog

Close on the heels of a drive to clear oppositions which have been settled by the parties, the Controller General of Trademarks has initiated a new project to clear the backlog of requests pending before the Trademarks Registry relating to post-registration changes. This ambitious project aims to clear all requests filed up to December 31 2012.

22 June 2012

Measures taken to streamline functioning of Trademarks Registry

The controller general of patents, designs and trademarks has issued a series of notices to ensure the smooth functioning of the various departments of the Trademarks Registry and the prompt disposal of pending cases. Several teams have been set up in order to clear the backlog in the main sections of the registry.

04 November 2011

New procedural guidelines to facilitate appeals from administrative decisions

India’s Intellectual Property Appellate Board has issued procedural guidelines that aim to streamline the appeal process and reduce the backlog of cases. Among other things, the guidelines provide that pleadings must be brief, not argumentative and not repetitive. Pleadings must be verified by the party itself, not by counsel.

13 October 2011

Divide and conquer? India revisits plans to spin off the trademark office

India’s Office of the Controller General of Patents, Design and Trademarks has asked for feedback on plans to spin off the trademarks registry in a government consultation paper launched this week. The concept was first rumoured more than a year ago and received a mixed reaction – so how will industry respond now, after a turbulent 12 months at the national office?

08 March 2011

The Indian trademarks registrar, 3.8kg in gold and “deep-rooted” corruption

Just when you thought that the head of the Indian patent and trademark office had chased away the last odours of corruption from the office, one of his trademark registrars is arrested by government investigators for possessing 3.8kg of gold and ten million rupees, assets that are allegedly disproportionate to her known income. What are foreign brand owners to make of this?

11 June 2010

Indian IPO speaks out against fresh corruption allegations

For the first time since his successful modernizing reform process began 18 months ago, the head of the Indian patent and trademark office has a tricky PR situation on his hands. PH Kurian's office is under fire for allegedly "spinning off" its trademark function, with one attorney arguing that this "will shift the system back to its inefficient past". To find out what was going on, WTR spoke to Kurian.