India
Trademark Clearance Searches for Devices & Shapes in India using Vienna Classification
The Vienna Classification which originated from the Vienna Agreement (1973) is an international classification of the figurative elements of marks (more on the Vienna Agreement and classification can be found here and more on India’s accession to the Vienna agreement could be found here). The first…
Prosecution history estoppel in India - A suit of armour or a double-edged sword?
Introduction Trademarks have over time, distinguished themselves as the popular kids among the Intellectual Property rights. This is so because they are perhaps the most protected amongst the bundle of IP rights and well, inevitably the face of your business. A trademark builds your brand value by…
Branding Due Diligence - Make it or Break it
“Buyers make most decisions by relying on their two-second first impressions based on stored memories, images and feelings.” – Malcolm Gladwell, Blink: The Power of Thinking Without Thinking Most of us know intuitively that first impressions are important. We don’t like to think that we judge a…
Indian Copyright (Amendment) Rules, 2021
While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment)…
Renewal of Customs Recordal in India
In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available…
News of the World – Tech platforms and the News industry
The Australian government recently passed legislation that has the potential to completely rework the way in which news is disseminated on the internet. The Australian News Media Bargaining Code, passed by the Australian legislature in February 2021, seeks to mandate that Big Tech companies like…
Bigbasket v. Daily basket – the blurring line between trademark protection & bullying
Trademark bullying has always been a cause for concern because it spells out overstepping the line, monopoly and power all in one place most of the times. As the name suggests, trademark bullying happens when a registered trademark owner, without justifiable reason, threatens or tries to threaten…
Plex v. Zee - better never than too late?
In a competitive global market, businesses need to strive to get ahead of their competitors. One of the ways to do this is by creating unique brand identities which help make a strong impact on the minds of consumers. Trademarks are especially useful in this respect, as consumers can easily make…
Claiming multiple priorities for your trademark application in India
Businesses which have (or are) trying to register their trademarks in several countries would be familiar with the concept of priority rights. If a person has applied for registration/registered a mark in his home IP office at Country A, then on the basis of the original application, he can apply…
Caught in the cross-hairs of the WIPO & Indian Trademark Office
The procedure and timeline to obtain registration for a trademark have evolved over time. After the amendment of 2017, the entire timeline has become quite stricter and quicker. We have all seen a lot of positive changes happening in the IP regime, however, there are still areas where we lag and…