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01 May 2018

The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream.

17 April 2018

WHOIS access charges, NGOs take aim at watch list plans and INTA applauds ‘Brand India’: news round-up

In our latest round-up, we look at a registry’s plans to charge trademark owners for access to WHOIS data and  the war of words over plans for an IP markets watch list.

16 April 2018

Protection of GUIs under the Designs Act

Everything you need to know about protecting graphical user interface designs in India.

16 April 2018

Start-ups, data privacy and trade secrets

For many start-ups, the data they possess is their biggest source of value. These fledgling companies must have a defined strategy for protecting data as both a business asset and an IP right.

16 April 2018

Protecting intellectual property in media and entertainment

With more growth and investment, new players on the rise and rapid advancements in technology, the protection and enforcement of intellectual property has gained more importance in media and entertainment. A number of pressing issues related to this sector have come to the fore in India.

13 March 2018

Procedures and strategies for pharmaceutical brands: India

Indian trademark law prohibits registration of marks which are descriptive in nature or devoid of distinctiveness, except where the mark has acquired distinctiveness or secondary significance on account of its use, publicity and popularity.

01 March 2018

Top tips for trademark registration in India

India: The Trademarks Registry has implemented various changes to enhance the trademark filing system in India. An efficient registration strategy should help rights holders to reap the benefits of these updates.

26 January 2018

Coveted status of well-known mark eludes Samsung, while Louboutin's red sole mark is found to be well known

In two cases involving Samsung and Christian Louboutin, different judges of the Delhi High Court have taken a completely different stand following requests for a declaration that the parties’ marks are well known.

13 December 2017

High Court upheld infringement claims against TURKY mark

The Karnataka High Court has upheld an injunction for infringement and passing off against All Well Formulations' (AWF’s) TURKIZ PURE OLIVE OIL PLUS mark based on Swati’s TURKY PLUS PURE OLIVE OIL mark. Due to striking similarities between the marks and AWF’s lack of evidence in support of the claim that it was the prior user of the TURKIZ mark and tin design, the court dismissed AWF’s appeal.

04 December 2017

Registration of a well-known mark in India

India has introduced in its trademark rules the opportunity for applicants to apply for the registration of well-known marks. It has recently provided detailed rules for registration, including the evidence that the applicant must submit and the requirements that the registrar must consider. This is a step forward in India's efforts to provide enhanced IP protection and is likely to boost confidence in India’s IP regime within the global community.

15 November 2017

No MEX appeal – Delhi High Court dismisses injunction against OMEX

The Delhi High Court has highlighted the importance of timely action when safeguarding rights in a registered trademark. The plaintiff, MEX Switchgears Pvt Ltd, filed a suit against Omex Cables Industries, alleging trademark infringement, passing off and damages. In view of MEX’s inordinate delay in filing the action, among other things, the court dismissed the injunction application.

06 November 2017

Is SRI KRISHNA SWEETS mark a trademark inheritance?

Sri Krishna Sweets is a popular Indian sweet manufacturer based in Coimbatore. The case involved a trademark dispute between two brothers and their claim to use the SRI KRISHNA SWEETS mark by virtue of their equal share in the mark as part of their inheritance from their father. The court relied on earlier jurisprudence to maintain the balance of convenience and ordered the parties to maintain the status quo.

01 November 2017

India: Food and beverage products in the branding crosshairs

As the Indian food and beverage market becomes increasingly alluring to brand owners, the courts are witnessing an eruption in trade dress protection and advertising disputes.

03 October 2017

MLB’s top TTAB user, Thai IP Office gets an upgrade and Russia to introduce “Made in Prison” label: news round-up

In this news round-up, we look at how India may remove the controversial Goods and Services Tax exemption for unbranded food products and how the Chicago Cubs are tackling an increase in counterfeiting.

27 September 2017

‘Pinch of spice’ not to be taken with ‘pinch of salt’

Mehar Wing Services Private Limited, owner of the mark PINCH OF SPICE, filed for trademark infringement and passing off against Jindal Restaurant for the mark PINCH OF SALT in relation to its restaurant business. The Delhi High Court found that the marks were distinct and the word 'pinch' was generic; therefore, Mehar had failed to establish a prima facie case.