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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.

21 April 2016

Infringer gets a rap on the knuckles in pharma dispute

The Delhi High Court has dismissed an application to set aside an exparte injunction granted in favour of Win-Medicare Pvt Ltd against Galpha Laboratories Ltd and others.

20 April 2016

Report shines light on trademark strategy inside Indian companies

It has been almost three years since India acceded to the Madrid system, but recent research from the Indian Institute of Management Bangalore suggests that there is still work to be done to raise awareness of international trademark filing procedures among businesses in the country’s key growth sectors.

06 April 2016

Delhi High Court orders trademark office to stay highly controversial abandonment orders

Earlier this week, World Trademark Review reported on the outcry that followed the Indian Trademark Registry’s decision to classify tens of thousands of trademark applications as abandoned. There has been a significant development overnight, as the Delhi High Court has stepped in and stayed all relevant abandonment orders.

05 April 2016

CTRL + ALT= abandoned

The Indian Trademarks Registry has devised a new way to reduce its backlog of trademark applications: abandoning outstanding applications. In an exercise carried out in the last week of March 2016, it is estimated that more than 100,000 applications were abandoned by the registry.

04 April 2016

Outcry as India’s trademark office reveals mass abandonment of applications

India’s trademark office has revealed the abandonment of tens of thousands of trademark applications. The move, which was followed by reports that a large number of files had been abandoned incorrectly, caused concern in the trademark community, with INTA urging the reversal of the abandonment orders with immediate effect. Today the office announced that affected applicants have until April 30 to evidence that an application has been erroneously treated as abandoned.

02 March 2016

India’s IP office to pilot mediation programme in effort to clear opposition backlog

The Trademarks Registry in India is trialling a mediation initiative aimed at reducing pendency, with the test cases including oppositions that have been held up for nearly 20 years. Meanwhile, efforts to improve efficiency in the courts are continuing apace – a ruling last week clarified a key jurisdictional question about which IP cases will be heard by the country’s new commercial divisions at the High Court level.

24 February 2016

Supreme Court recognises registrar’s powers to cancel registration suo moto

The Supreme Court upheld a decision of the Division Bench of the Delhi High Court recognising the powers of the registrar of trademarks to cancel the registration of a trademark under Section 57(4) of the Trademarks Act 1999 suo moto (ie, of its own motion).

05 January 2016

New draft Trademark Rules published for objections/suggestions

The Department of Industrial Policy and Promotion, Ministry of Commerce and Industry has published new draft Trademarks Rules, which will replace the existing Trademarks Rules 2002 under the Trademarks Act 1999, for objections or suggestions. The new rules introduce several changes and propose a steep 100% increase in fees for most applications/forms.

01 January 2016

Advertising thrives in India’s legal jungle

While various laws govern advertising in India – including ads that can be said to be misleading or even to constitute an unfair trade practice – as well as an impressive body of case law, the sector can be bewildering for new entrants

14 December 2015

India

In India, the protection of industrial designs is governed by a dynamic legislative framework which is in sync with advances in technology and concomitant international developments. The Designs Act 2000, which repealed and replaced the Designs Act 1911, sets down the statutory framework for the protection of designs and has been in force since May 11 2001.

25 November 2015

Brand owners may soon be able to apply for well-known status in India, but it will cost them

Authorities in India have released a draft update to the country’s Trademarks Rules. The new guidelines, if adopted, will double most of the fees involved in the trademark process, but they also provide a new avenue for rights holders to apply for well-known status.