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08 March 2017

India’s new trademark registry rules raise filing fees more than expected

Further to our report earlier this week, India’s Department of Industrial Policy and Promotion has ratified new trademark registry rules and published final fees – some of which are higher than most industry observers had anticipated.

06 March 2017

India doubles trademark fees, cuts red tape and strengthens status of well-known marks

India’s trademark registry will adopt new rules today aimed at simplifying prosecution procedures and improving recognition for ‘well-known’ marks. The changes are also expected to herald significant increases in trademark filing and renewal fees.

28 February 2017

Indian trademark office flags over 25,000 ‘incomplete’ applications; attorney reaction mixed

In an effort to process applications more efficiently, the Indian trademark office has identified and put on notice over 25,000 applications that either failed a compliance check or are deemed incomplete. Speaking to attorneys in the country, reaction has been mixed – commentators told us that, while there are some examples of “frivolous objections”, there has also been a tangible reduction in the time in which new applications are being accepted.

12 January 2017

India set to implement stricter regulation of brand ambassadors during first half of the year

The Indian parliament is likely to enact strict regulations governing celebrity endorsements during its budget session beginning later this month, as the debate surrounding the potential impact of the new rules on brand owners’ businesses heats up.

01 January 2017

Stars struck? India’s tough new take on celebrity endorsements

Celebrity endorsements are big business in India, where a nod from a Bollywood star or pro cricketer can be enough to convince consumers to part with hard-earned cash. But new legislation could be set to change this

17 November 2016

Kerala farmers establish organic brand

A farmers’ collective in the Indian state of Kerala has recently sought trademark protection for a form of organic spices and food products called ‘Wayanadan’. The application was filed by Biowin Agro Research for registration of the trademark WAYANADAN in Classes 29 and 30, and was a welcome step in line with the substantive efforts initiated by the Indian government to encourage communities to protect their IP rights.

01 November 2016

India: Courts step up when it comes to famous marks

Recent case law from Indian courts confirms their pragmatic approach and bodes well for the protection of well-known marks in India, even when trademarks are not registered in the country

12 September 2016

Two new free-to-view IP guides now available

World Trademark Review is pleased to announce the publication of the latest editions of Pharmaceutical Trademarks: A Global Guide and India: Managing the IP Lifecycle.

01 September 2016

Not just a voice: endorsements and accountability in India

To date, no liability has been attributed to brand ambassadors where the brands they endorse have failed to live up to expectations. However, that could be set to change

13 July 2016

Delhi High Court affirms significance of ‘well-known’ marks in ground-breaking ruling for Toyota

A seven-year legal battle between Toyota and owners of the Indian trademark PRIUS has come to an end, with the Japanese automaker claiming victory. The Delhi High Court ruled that Toyota’s trademark rights had been infringed in spite of the defendants’ ownership of the PRIUS mark in India. This should boost the confidence of owners of globally recognised brands looking to do business in the country.

13 June 2016

Alternative names of a plant held to be not descriptive

In Gufic Private Limited v Vasu Healthcare Private Limited a single judge of the Bombay High Court in an interim order restrained Vasu Healthcare from using the mark SHALLAKI in view of its similarity to Gufic’s registered mark SALLAKI.

08 June 2016

Registration rights cannot extend to all goods in a class without use

In International Foodstuffs Co LLC (IFC) v Parle Products Pvt Ltd, a single judge of the Bombay High Court has, while rejecting IFC’s interim application, held that trademark registration rights are restricted to the goods for which the mark is used and cannot be extended to every single item in a class.

01 June 2016

Bombay High Court holds you cannot ‘LIVE IN Levi’s’

In a recent case, Federal Brands Ltd (FBL) filed a suit for infringement and passing off against Levi Strauss India Pvt Ltd (LSIPL) – the makers of Levi’s jeans. FBL’s primary grievance was LSIPL’s use of the mark LIVE IN in respect of jeans, apparel and clothing.

23 May 2016

Artistic works are ‘capable of being registered’ as design

The High Court of Delhi has dismissed a suit for copyright infringement under Section 15(2) of the Copyright Act 1957, which provides that once a copyright in a design is applied to an article by an industrial process more than 50 times, ownership of the copyright ceases because the copyright resulting in creation of the article is capable of being registered under the Designs Act 2000.

25 April 2016

Where does cause of action occur in trademark infringement claim?

The plaintiff in a recent case filed suit for passing off against two defendants before the Delhi High Court on the grounds that the second defendant had its registered office in Delhi and the plaintiff had filed for a trademark registration there.