Trademarks

Court orders revival of opposition abandoned for not filing evidence in support on time when Counter Statement was not served

The petitioner, Coaster Shoes Company Pvt. Ltd., filed a writ petition seeking the quashing of an order passed by the Registrar of Trade Marks in October 2022, which abandoned their trademark opposition. The petitioner had opposed the trademark applications of Respondent No. 2 for the mark “Travel…


Swift action on trademark name changes: Court directs Trademark Office to expedite applications

The petitioner, M/s. Tiger Food Ingredients (P) Ltd. (formerly M/s. Manju Chemicals Private Ltd.), filed a writ petition seeking a mandamus to direct the Registrar of Trade Marks to consider their name change application (Form TM-P) dated June 5, 2024. The company's name was changed following a…


Analysis of Jan Vishwas (Amendment of Provisions) Act, 2023 – An IPR Perspective

The Jan Vishwas (Amendment of Provisions) Act, 2023 which came into effect recently on August 1, 2024 has garnered significant attention across the country. The Act, having brought amendments to various Acts of our legislation, including those related to Intellectual Property (IP) and media laws…


Deemed Protection: Trademarks Act v/s Madrid Protocol

In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid…


The Force Awakens - CGPDTM's Recent actions on contractual staffs in Trade mark office

The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality…


Bombay High Court Upholds Celebrity Personality Rights Against AI Exploitation: An Analysis of Arijit Singh v. Codible Ventures LLP and Others

In a recent judgment in the case of Arijit Singh v. Codible Ventures LLP and Others, the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual's identity, privacy, and dignity, are…


Standard of Proof of Use: A Practical Guide To Win Over Hearing Officers

In India, a trademark application can be filed either on a "proposed to be used" basis or by claiming prior usage of the mark in India. In view of opting to file an application based on prior use, an Applicant is required to include a User Affidavit along with their Form TM-A at the time of filing…


Deciphering Trademark Priority Claims in India: Challenges with Multiple and Partial Priority Claims

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,…


The Need for a Code of Conduct for Patent and Trademark Agents: Saurav Chaudhary vs. Union of India & Anr.

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…


UNABLE TO REGISTER YOR TRUE BRAND DUE TO PRIOR IDENTICAL REGISTRATIONS? HERE’S WHAT YOU CAN DO

I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. Recently, one of the most frustrating challenges awaiting brand owners at the time of filing a trademark application doesn’t seem to be…