Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Raja Pannir Selvam · 7 July 2020
Voluntary Cancellation of a Trademark Registration in India
Sometimes an owner wants to give up a registered mark — often under a settlement or coexistence agreement. How to voluntarily cancel a trademark registration in India: the request, the mandatory affidavit, and the current timeline.
2 July 2020
Scrutiny Reports and Discrepancy Notices from the Trade Marks Office
When the Trade Marks Office finds a document missing or a request filed on the wrong form, it issues a discrepancy notice (scrutiny report). What triggers one, the 30-day deadline to reply, and why they can arrive even after registration.
Archana Priyadharshini · 1 July 2020
Author vs Owner: Who Really Holds the Copyright? (Section 17)
The author is usually the first owner of copyright — but employment, commissions and consultancy blur that line. How Section 17 and cases like V.T. Thomas v. Malayala Manorama decide ownership, and why a written agreement matters.
26 June 2020
'Magic Masala': Why ITC Couldn't Stop Nestlé (Descriptive Marks)
ITC's 'Magic Masala' couldn't stop Nestlé's 'Magical Masala' — the Madras High Court held 'Magic' and 'Masala' are laudatory/generic and common to trade, so no one can monopolise them. A lesson on descriptive marks and taglines.
25 June 2020
FAQs on 'Use' of a Trademark in India
In India's common-law system, 'use' of a mark decides registration, opposition and enforcement. What counts as use, whether goods must physically exist here, and how trans-border reputation fits — answered.
Raja Pannir Selvam · 15 June 2020
A Patent-Practice Tip Worth Sharing: Rule 90 vs Rule 94 Forms
A Controller's courtesy call flagged a common filing slip: amendment requests filed under the wrong Rule, attracting a higher fee. A 'pay it forward' note on which forms to use for Rule 90 (transfer) versus Rule 94 (name/address) amendments in Indian patents.
Nikhil Srivastava · 8 June 2020
Trading Trademarks: Assignments, Mergers and Transmissions in India
A trademark is a business asset that can be sold, merged or transmitted — but the change must be recorded with the Registry. The four scenarios, the documents, stamp duty, and the fees.
Raja Pannir Selvam · 22 May 2020
Sri Lanka and the Madrid Protocol: A Long-Delayed Accession
Sri Lanka agreed to join the Madrid Protocol in 2017, then deferred to 2018, then to 2020. The benefits for businesses on both sides are real and uncontested — which makes the repeated slippage the notable part of the story.
Raja Pannir Selvam · 22 May 2020
Trademark Protection in the Maldives: FAQs on the Cautionary Notice
The Maldives has no trademark statute or registry — protection is secured by publishing a cautionary notice in the newspaper. How the system works, what information you need, and how to renew.
12 May 2020
COVID-19 and IP Deadlines: How the Courts Extended Limitation
When the pandemic hit, the Supreme Court froze limitation across all proceedings and the IP offices extended deadlines. A record of those measures — and a note that the extensions have since concluded.
Raja Pannir Selvam · 20 April 2020
IP Offices Across South Asia During the COVID-19 Lockdowns
A record of how seven IP offices across the subcontinent handled the first lockdowns — suspensions, automatic deadline extensions, and the workarounds offices devised where filing was still paper-based.
23 March 2020
Indian IP Office Deadline Extensions During COVID-19: A Record
A chronology of the CGPDTM, Patent Office, Trade Marks Registry and Copyright Office notifications that extended IP deadlines during the 2020 COVID-19 lockdown — plus the Supreme Court's suo-motu limitation extension.