Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

Unfortunately, even when Applicants submit evidence dating back to the claimed date of use, the Learned Examiners/ Hearing officers often raise objections regarding the same during the Examination stage. One of the most common objections raised during show cause hearings is regarding the acceptability and validity of the evidence submitted, wherein despite most documents being acceptable as per the relevant provision of law, they are frequently being deemed inadequate by the Hearing officers.

One of the key provisions of the Paris Convention for the Protection of Industrial Property pertains to priority applications, which allows trademark applicants to claim priority in a member country based on an earlier application filed in the home country. This principle, known as priority right, enables applicants to secure their rights more effectively across borders, ensuring that their subsequent filings in other member countries benefit from the original filing date of the home country…

In a recent decision, the Delhi High Court addressed a petition challenging the abandonment of a patent application for a "Blind-Stitch Sewing Machine and Method of Blind Stitching." The petitioner sought to restore the patent application on the account of misconduct and negligence by their Patent Agent which resulted in their patent application being abandoned. Justice Pratibha M. Singh who had presided over the case, emphasized the need for a Code of Conduct for Trademark and Patent Agents to…

Recently, we had a case wherein our Client’s IR application was provisionally refused by the Indian Registry due to the existence of an already registered identical mark. We are well aware that there are circumstances where identical/ similar marks are registered by honest users at times, however, this case seemed to be different. Upon perusal of the conflicting application, the mark (which was identical to our client’s, who is a leading business entity in foreign jurisdiction but was yet to…

As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation and confuse consumers. This holds especially true when it comes to counterfeit products sold on e-commerce platforms which not only pose legal risks but also threaten customer safety and satisfaction.…

A recent judgment in the case of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer awareness and brand identities. In this case, the Plaintiff, Mountain Valley Springs India Private Limited, who are the owners of the luxury skincare brand Forest Essentials, sought for an ad interim…

The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding and sale of refurbished Hard Disk Drives (HDDs), including Daichi International and a few others (“refurbishers / defendants”). This judgment [Seagate Technology LLC vs. Daichi International and…

This ruling certainly grants relief to parties whose rights may have been adversely affected due to a missed deadline caused by technological uncertainties. However, it also brings to light the limitations of using email communication for effecting service. The Court’s view that the document submitted by the Trademark Registry is insufficient to prove actual receipt of an email, has paved the way for parties to use the argument of non-receipt as a tactic to overcome missed deadlines. To put it…

The Ministry of Information and Broadcasting vide notification dated March 15, 2024 has introduced the Cinematograph (Certification) Rules, 2024, (hereinafter “new Rules”) in order to amend the Cinematograph (Certification) Rules, 1983 (hereinafter “old Rules”). The new Rules aim to provide clarity and coherence in the certification process and hold significant implications for filmmakers, distributors, and audiences as well as align with contemporary standards and societal values.