No Automatic Abandonment for Delay in Filing Evidence: Madras High Court Brings Clarity to Rules 45 & 46 of the Trade Marks Rules, 2017
March 13, 2026Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiatrademarks,intellectual property,Madras High Court,Trademark Rules 2017,Rule 45,Rule 46,ultra vires
Recently, the Madras High Court in the case of ACE Foods Private Limited vs The Registrar of Trade Marks & Anr (CMA(TM) No. 22 of 2025), dealt with the question of whether Rule 45 and 46 of the Trade Marks Rules, 2017 are ultra vires to the powers vested under the Trade Marks Act, 1999 and held that non-filing of submissions under these stages cannot result in deemed abandonment of the application/opposition per se. This decision addresses a long-standing practice of the Trade Marks Registry…
Can trademark law be used to extend protection over product shapes after design rights expire? The Harpic bottle dispute raises important questions
March 11, 2026Intellectual Property Rights,Trademarks,Industrial Designs,Weekly (IP)DATE,IndiaIntellectual Property Rights,Trademark,Design protection,Design vs Trademark,Harpic vs Spic
Product packaging plays a crucial role in the consumer goods market where distinctive designs often become closely associated with a brand, such as the iconic Harpic bottle. To protect such features, companies commonly rely on design registrations, however, design protection is limited in duration to ten years, extendable by a further five years. This raises an important question: what happens once this protection expires?
Well-Known Trademarks Are Not Absolute: Key Takeaways from the Vicks Judgment
February 17, 2026Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiaintellectual property,well known trademark,Trademark,Vicks,The Procter and Gamble Company Vs IPI India Private Limited,Brand Owners,Cross class protection
It is a well-settled principle of trademark law that marks declared or recognised as well-known by the Trade Marks Registry or Courts enjoy a higher degree of protection. However, trademark owners often operate under the assumption that such protection grants blanket exclusivity across all classes of goods & services and even against remotely similar marks. The recent judgement of Madras High Court in case of The Procter and Gamble Company Vs IPI India Private Limited [O.P.(TM)Nos.48, 49 and 50…
Recent DOI Trademark Notices in Nepal: What Applicants and Brand Owners Need to Know
February 3, 2026Intellectual Property Rights,Weekly (IP)DATENepal,Department of Industry,DOI notices,Use requirement nepal
Recent civil unrest in Nepal, coupled with a series of consecutive notices issued by the Department of Industry (DOI) regarding pending and registered trademarks has created uncertainty for trademark applicants and brand owners. Questions around applicable deadlines, documentation requirements and trademark use obligations have understandably caused concern. Here’s what you need to know -
India’s Proposed Changes to Design Law: What You Should Know
February 2, 2026Intellectual Property Rights,Industrial Designs,Weekly (IP)DATEintellectual property,Design Amendments,Amendment,Designs Act,DPIIT concept note
India is considering major amendments to its design law under the Designs Act, 2000. These changes reflect India’s attempt to modernize its legal framework, address digital innovation, and align with international design systems. For applicants & IP lawyers, these reforms will directly impact how designs are protected, filed, and enforced in India. Below is a practical explanation of what is changing, how the current system works, and why it matters.
DPIIT’s proposed One Nation – One License – One Payment policy: What does it mean for the content creators & Artists?
January 28, 2026Intellectual Property Rights,Copyrights,Weekly (IP)DATEartificial intelligence,copyright,DPIIT,Artists,Content creators
In view of recent AI developments and increasing concerns around the use of copyrighted works for AI training, the Department for Promotion of Industry and Internal Trade (DPIIT) formed a committee to examine how India’s copyright framework should respond. Accordingly, DPIIT recently released a working paper proposing a hybrid model of One Nation – One License – One Payment policy. This blog explores what it means for content creators & Artists.
3D shape marks can now attain ‘Well-known’ status in India: Does your brand qualify for the enhanced protection?
December 19, 2025Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiashape mark,intellectual property,Trademark,well-known shape mark,Birkins well known mark,3D mark
Brand owners generally obtain protection for aesthetic features of their products under the Design Act, however, obtaining protection as a shape mark under the Trade Marks law (when it acts as a source identifier) awards indefinite protection (renewable every 10 years) and significantly strengthens brand protection. Particularly, shape marks offer effective solutions against counterfeits, stopping others from using a confusingly similar shape even if the infringer claims their product is…
Protecting Identity in an Era of AI
December 4, 2025Intellectual Property Rights,Weekly (IP)DATEartificial intelligence,Personality Rights,impersonation
Artificial intelligence has advanced to the point where synthesized voices are no longer only a fantastical novelty, but practical tools carrying commercial value in entertainment, news, advertising and accessibility solutions. With only a few minutes of recorded audio, today’s AI systems can construct an uncannily accurate replica of a real person’s voice. These are innovations with immense potential such as to help people who cannot speak verbally still communicate, allow for multilingual…
India Accepts Its First Smell Mark – Can Your Brand Register One?
December 4, 2025Intellectual Property Rights,Trademarks,Weekly (IP)DATE,Indiaintellectual property,ipr,Trademark,Smell mark,Olfactory mark,Indian registry
The Indian Trade Marks Registry has, for the first time, accepted a smell trademark for a rose-scented tyre filed by Sumitomo Rubber Industries Ltd., which is now published for advertisement. Smell marks can significantly enhance brand recall value and customer experience, acting as a strong identifier. Further, once accepted, such marks are difficult to oppose or cancel, making them a valuable long-term IP asset. If your brands use a distinctive fragrance (for products or packaging), now may…