Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Raja Pannir Selvam · 5 June 2013
Four Steps to a Faster, Cheaper Trademark Registration in India
Most delay in Indian trademark prosecution is self-inflicted — a missing power of attorney, a specification that deviates from the Nice list, an absent user affidavit. Getting four things right at filing removes months from the process.
Raja Pannir Selvam · 11 March 2013
Brands vs Trademarks: Why the Law Sees Only Half the Picture
A trademark is the tangible mark; a brand is the identity, associations and personality built around it. Trademark law treats the two as identical — and misses the richer, co-created reality of brands. Why that gap matters, and what a brand-aware approach looks like.
11 March 2013
No Removal Without Notice: The MBD Case on Trademark Non-Renewal
The Delhi High Court held that a trademark cannot be struck off for non-renewal unless the Registrar first sends the statutory notice. Skip the notice, and the removal — and its deadlines — do not stand.
Anchit Tripathi · 11 March 2013
Can You Trademark a Deity? The Limits of Owning the Sacred
Can a trust hold exclusive trademark rights over the image or name of a god? Indian law — from Section 9(2)(b) to Article 25 — pushes hard against monopolising the sacred. The Attukal Devi controversy, examined.
Amit Sinha · 11 March 2013
Passing Off in India: Protecting an Unregistered Mark
No man may pass his goods off as another's. How passing off protects goodwill in an unregistered mark in India — the classical trinity, Lord Diplock's five characteristics, and the remedies available.
Sachi Kheskani · 11 March 2013
Trademarks and Quality Control: The Indian Perspective
Does a trademark guarantee quality? Legally, no — a mark identifies source, not quality. Yet consumers treat trusted marks as quality symbols. How Indian law separates the two, why certification marks are different, and where the Consumer Protection Act fits.
Ishani Dash · 11 March 2013
Smell (Scent) Trademarks: Can You Register a Fragrance?
Freshly cut grass for tennis balls, a rose scent for tyres — some smells have been registered abroad. What a scent trademark is, why 'graphical representation' is the hurdle, and why India has not registered one.
11 March 2013
Can You Trademark a Book Title?
Copyright protects the text but not the title. A series title can function as a trademark relatively readily; a single work's title needs proof of secondary meaning — that audiences hear the title and think of your book.
Meril Mathew Joy · 11 March 2013
Trademarks and Domain Names: Protection and Dispute Resolution
A domain name identifies a business online much like a trademark does offline — and Indian courts protect them as such. How key cases (Tata Sons, Satyam Infoway) treat domains, when descriptive/generic domains get protection, and how the UDRP's three-part test works.
Deepthi B · 11 March 2013
Barbie Girl and Trademark Dilution: Mattel v. MCA Records
Mattel sued over Aqua's 'Barbie Girl' for infringement and dilution, and lost on both. The song was nominative fair use, and though it did dilute the mark, it was a parody — non-commercial expression. India has Section 29(4) but no statutory parody exception.
Raja Pannir Selvam · 11 March 2013
Trademark Dilution in India: Protecting Famous Marks Beyond Confusion
Dilution lets a famous mark's owner stop uses that erode its distinctiveness or tarnish it — even without confusion. How blurring and tarnishment work, what Section 29(4) requires, and why 'reputation' may be too low a bar.
Ritika Agarwal · 11 March 2013
Series Trademarks in India: Protecting a Family of Marks
A family of marks sharing a common element — the 'Mc' in McDonald's, the 'Vol' in Voltas — can be registered and protected together. What a series trademark is, and how India's Section 15 limits it.