Insights
Practical perspectives on protecting, managing and enforcing intellectual property across India and the subcontinent.
Advika Muralidharan · 12 August 2023
A Judicial Lens on India's IP Reality: Cut-Paste Orders and Delay
Blank orders, 'mechanical cut-paste' patent refusals, irrelevant prior art, near-expired patents — a run of Delhi High Court rulings has laid bare how unreasoned IPO/TMO decisions harm innovators. A survey of the cases, and the transparency reforms they demand.
Raja Pannir Selvam · 28 July 2023
Two Registered Marks: No Infringement Suit, but Passing Off Survives (Kerala HC)
When both parties own registered trademarks, one cannot sue the other for infringement — but a passing-off action remains open. The Kerala High Court's Chandrika v. Chandra ruling, and why Wipro still lost.
Ramani KS · 27 July 2023
No Royalties for Music at Weddings: The DPIIT Public Notice
Section 52(1)(za) exempts performance of musical works during religious ceremonies — and expressly includes marriage processions and associated social festivities. DPIIT directed copyright societies to stop collecting royalties for them.
Raja Pannir Selvam · 26 July 2023
Restoring Abandoned Patents: Courts on Missed Examination Deadlines
Miss the deadline to request examination or answer the FER, and your patent is deemed abandoned. But recent Delhi High Court rulings show courts will restore applications in exceptional cases — counsel's negligence, no intent to abandon — since abandonment needs a conscious act.
Ramani KS · 26 July 2023
Selling 'Testers' as Products: The Calvin Klein Trademark Case
Fragrance testers are for sampling, not sale. When online sellers passed Calvin Klein testers off as genuine products, the Delhi High Court found trademark infringement and unfair trade practice — awarding costs and an injunction. What brand owners should learn.
Raja Pannir Selvam · 20 July 2023
Supreme's Red-Box Device Declared Well-Known in India
The Delhi High Court declared the cult streetwear brand Supreme's red-box device a well-known trademark — but pointedly limited that status to the device, not the dictionary word 'Supreme'. How scarcity, celebrity endorsement and 29 years of use built the case.
Raja Pannir Selvam · 10 July 2023
No Affidavit? No Automatic Rejection for Well-Known Status: Kamdhenu
The Registrar rejected Kamdhenu's well-known-mark application for want of an affidavit. The court held that's not fatal — the Registrar should give the applicant a chance to supply the affidavit, not reject the application outright. A relief for well-known applicants.
Raja Pannir Selvam · 6 April 2023
Madras High Court's IP Division: A Specialised Forum for IP Disputes
After the IPAB's abolition in 2021, IP cases moved to the High Courts — and the Madras High Court set up a dedicated Intellectual Property Division. What the 2022 IPD Rules cover, the wide sweep of matters they govern, and why a specialised forum matters.
18 February 2023
Thousands of Trademark Applications at Risk of Abandonment
A February 2023 CGPDTM notice flagged thousands of trademark applications facing abandonment for missed examination replies and counter-statements. What the notice required, the 30-day window to prove filing, and the systemic fixes it points to.
Raja Pannir Selvam · 16 February 2023
Hermès 'H' Device Declared a Well-Known Trademark by the Delhi HC
The Delhi High Court declared Hermès' 'H' device a well-known trademark under Section 2(1)(zg). What evidence Hermès put in across the Section 11(6) factors, and its argument that the 'relevant public' should be judged by the target market — here, fashion.
Raja Pannir Selvam · 6 February 2023
The Empire Strikes Again: The TMO's 2023 Abandonment Notice
In 2016 the Trade Marks Office abandoned 1.66 lakh applications overnight — and got stayed. In 2023 it tried again, but more carefully: a public notice giving 30 days to file missing examination replies or counter-statements before abandonment. A better way to clean the register.
14 January 2023
Trademark Renewal in India: The Deadlines That Actually Matter
A registration runs ten years and can be renewed indefinitely. You can file from a year before expiry, with a six-month grace window afterwards on payment of a surcharge, and restoration between six and twelve months. Miss all three and the mark comes off the register.