Weekly (IP)DATE
The 7–Eleven “Big Bite” Dispute: Limits of Trans-Border Reputation
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…
No Automatic Abandonment for Delay in Filing Evidence: Madras High Court Brings Clarity to Rules 45 & 46 of the Trade Marks Rules, 2017
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…
Can trademark law be used to extend protection over product shapes after design rights expire? The Harpic bottle dispute raises important questions
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…
Well-Known Trademarks Are Not Absolute: Key Takeaways from the Vicks Judgment
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…
Recent DOI Trademark Notices in Nepal: What Applicants and Brand Owners Need to Know
Recent civil unrest in Nepal, coupled with a series of consecutive notices issued by the Department of Industry (DOI) regarding pending and registered trademarks has created uncertainty for trademark applicants and brand owners. Questions around applicable deadlines, documentation requirements and…
India’s Proposed Changes to Design Law: What You Should Know
India is considering major amendments to its design law under the Designs Act, 2000. These changes reflect India’s attempt to modernise its legal framework, address digital innovation, and align with international design systems. For applicants & IP lawyers, these reforms will directly impact…
DPIIT’s proposed One Nation – One License – One Payment policy: What does it mean for the content creators & Artists?
In view of recent AI developments and increasing concerns around the use of copyrighted works for AI training, the Department for Promotion of Industry and Internal Trade (DPIIT) formed a committee to examine how India’s copyright framework should respond. Accordingly, DPIIT recently released a…
3D shape marks can now attain ‘Well-known’ status in India: Does your brand qualify for the enhanced protection?
The recent Delhi High Court ruling by Justice Tejas Karia in Hermes International & Anr. vs Macky Lifestyle Private Limited & Anr (Cs(Comm) 716/2021 & I.A. 17569/2021) granting well-known trademark status to the 3D shape of Birkin bags marks a significant development in Indian trademark…
Protecting Identity in an Era of AI
Artificial intelligence has advanced to the point where synthesized voices are no longer only a fantastical novelty, but practical tools carrying commercial value in entertainment, news, advertising and accessibility solutions. With only a few minutes of recorded audio, today’s AI systems can…
India Accepts Its First Smell Mark – Can Your Brand Register One?
We bring to you a recent significant development in Indian trademark law, which may be helpful to enhance protection for your brands in India. 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…