Editorial Staff
Email Service by the Trademark Registry: Effective or a Loophole for missed deadlines?
In an earlier blog, we discussed the significance of the Madras High Court’s decision in the case of Ramya S. Moorthy vs. The Registrar of Trade Marks, wherein the Applicant failed to receive the email service of the opposition notice from the Trademark Registry and, as a result, did not file the…
Publication of the Cinematograph (Certification) Rules,2024
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…
Decoding the Ambiguity: Sun Pharma vs. Dabur India and the Uncertainty of Extensions of Time at the Opposition Evidence Stage under Trade Mark Rules, 2017
The evolving landscape of the rules governing extensions of time at the evidence stage of opposition proceedings, particularly examining the transition from the Trade Marks Rules of 2002 (hereinafter “2002 Rules”) to the Trade Mark Rules 2017 (hereinafter “2017 Rules”) is a topic which has sparked…
Personality Rights – Is it enough to protect us from AI?
It is not really surprising that with the rapid development of technology, its adverse effects are also increasing every day. But is this having more implications on the popular personalities of our society, or has it just been appearing so lately? Let’s have a look. Recently, many popular actors…
Amended Indian Patent Rules 2024 comes into force from March 15, 2024
The Patents (Amendment) Rules, 2023, initially circulated on August 23, 2023, for discussions and consultations with stakeholders, is now being notified and are officially in effect from March 15, 2024. The amendments tackle significant issues raised by patent filers in India, particularly…
Understanding well-known trademarks application in India
In 1977, the Whirlpool Corporation (hereinafter, “Whirlpool Corp.”) failed to renew their trademark ‘WHIRLPOOL’ in India, causing the registration to expire. While Whirlpool Corp. had been using its trademark since 1937, and secured registration of their trademark in India on 1956, however, their…
Use of a trademark as keyword in Google’s Ad Programme amounts to Use and Constitutes Infringement - Delhi High Court
The Appellants, Google India (P) Ltd., is a non-exclusive reseller of the Google Ads Programme in India, whereas the Respondents were DRS Logistics (P) Ltd., and Agarwal Packers and Movers (P) Ltd., who are leading packaging, moving and logistics service providers in the country. This case, Google…
Interpretation of Section 16(1) of the Indian Patents Act in Syngenta Limited vs. Controller of Patents and Designs
The legal case of Syngenta Limited vs. Controller Of Patents And Designs revolves around the interpretation of Section 16(1) of the Indian Patents Act. This section pertains to the power of the Controller to make orders regarding the division of patent applications, specifically focusing on…
Summary and Analysis of The Draft Patents (Amendment) Rules, 2023
The Ministry of Commerce and Industry has recently released The Draft Patents (Amendment) Rules 2023 for public comment. Interested parties can submit their feedback. Key Proposed Amendments: Frequency of Working Statement Submission: Current Rule: Annually (every financial year). Proposed Change:…
A judicial lens on controversial IP realities in India
In a recent order passed on August 3, 2023, the Delhi HC in Ravi Manchanda v. Registrar of Trademarks rather scathingly pointed out a glaring error in an order passed by the Senior Examiner of Trademarks. In a case that was described as ‘sui-generis’, the Hon’ble Judge drew attention to a critical…