Sound Board

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

When it comes to trademark rights, a common assumption among global brands is that international fame and reputation automatically guarantee protection for their mark in every jurisdiction. However, the ruling of the Madras High Court in the dispute between 7–Eleven International LLC and Ravi Foods Private Limited shows that this is not always the case in India. In a significant decision, the Hon’ble Court reaffirmed that trademark protection in India is rooted in the principle of…

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…

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?

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…

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…

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…

The Maldives has taken a major step toward strengthening its intellectual-property framework with the introduction of the Trademarks Act. For the first time, the country will operate a comprehensive, statutory trademark registration system, replacing the reliance on cautionary notices and unregistered-rights principles. For businesses operating in or entering the Maldives, the Act significantly enhances the certainty, enforceability, and clarity of trademark rights. Below is an overview of the…

The Supreme Court recently upheld the Bombay High Court's decision in the case of Principal Secretary, Government of Maharashtra and Anr. v. Kshipra Kamlesh Uke & Ors., involving compensation for intellectual property loss under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (“the Act”) and its associated Rules of 1995 (“the Rules”). While the Act is primarily intended to protect victims of atrocities by offering relief in cases of death, injury, or ‘damage to…

In a landmark ruling on February 25, 2025, the Delhi High court ordered Amazon to pay a hefty Rs. 339.25 crore in compensatory damages for the sale of counterfeit Beverly Hills Polo Club (BHPC) goods on its platform. This case highlights the intersection of trademark law and e-commerce regulation, raising questions about the accountability of online marketplaces in protecting brand integrity. The Plaintiffs LifeStyle Equities C.V. and Lifestyle Licensing B, V, who are the rightful owners of the…