Trademarks
Perspectives on trademarks across India and the subcontinent.
17 August 2018
Groundless Threats of Trademark Infringement in India (Section 142)
A threat of infringement made without legal basis — 'trademark bullying' — is itself actionable. How Section 142 lets an aggrieved party injunct the threats and claim damages, and what Bata v. Vitaflex decided.
27 June 2018
Trademark Infringement and Its Remedies in India
What counts as trademark infringement in India, who can sue, and what remedies exist? A clear rundown of the essential conditions, the civil, criminal and administrative remedies (injunctions, Anton Piller orders, damages), and why vigilance is the owner's job.
6 June 2018
Customs Recordal in India: Stopping Infringing Goods at the Border
Recording your IP with Customs turns the border into an enforcement point — once registered, importing infringing goods is deemed prohibited. The documents, bonds and information required, and the tight deadlines that apply once a consignment is suspended.
8 May 2018
Registering Your Brand with the Amazon Brand Registry
Amazon Brand Registry is free and gives sellers real tools against counterfeiters and listing hijackers. The catch is the eligibility requirement — historically a registered word mark, which is why what you file at the Registry determines what you can enrol later.
Raja Pannir Selvam · 19 February 2018
Protecting Intellectual Property in the Maldives
The Maldives has no dedicated trademark or industrial-property statute — protection rests on cautionary notices — though a copyright law exists and more IP legislation is developing. The current framework, and where it's heading.
21 December 2017
Toyota v. Prius: How the Supreme Court Narrowed Trans-Border Reputation
The Supreme Court's Toyota v. Prius Auto ruling narrowed the trans-border reputation doctrine — affirming the territoriality principle over universality. Reputation abroad isn't enough; you must prove goodwill spilled into India. A deep look at the reasoning.
Durga Bhatt · 21 August 2017
Trademark Opposition Proceedings in India: A Stage-by-Stage Guide
Once a mark is advertised, anyone can oppose it within four months. A walk through the full process — notice of opposition, counter-statement, the Rule 45/46/47 evidence rounds, and the hearing — with the deadlines that decide who wins by default.
18 August 2017
Provisional Refusal on a Madrid Mark in India: Six Things to Know
Received a provisional refusal from India on your Madrid application? You have one month from receipt to respond — and a few things can make or break it. Deadlines, proof of receipt, extensions, use claims, and where to amend.
26 July 2017
Who Owns a Family Trademark When the Family Splits?
When a family business divides among heirs, who owns the family name as a trademark? Indian courts lean toward shared goodwill — no single heir can exclude the others — as the Shri Ram School dispute shows.
19 July 2017
Carlsberg v. Som: How a Statement of Novelty Lost a Design Case
Carlsberg's novelty in its Tuborg bottle lay in the indentations. Its statement of novelty claimed the shape and configuration of the bottle as a whole — which already existed in prior art. The court read the statement literally, and the case failed.
Archana Selvam · 6 July 2017
Toyota v. Prius: Trans-Border Reputation Has to Be Proved
Toyota couldn't stop a Delhi firm using 'PRIUS' — because it failed to prove the mark's reputation had reached India by 2001. How the territoriality principle works, why delay hurt Toyota, and the guidelines the court left behind.
7 June 2017
TMO Guidelines for Recognising Well-Known Trademarks (Rule 124)
After Rule 124 let owners apply for well-known status directly, the Registry issued guidelines fleshing out the vague rule — the Form TM-M application, documents and procedure. Plus the debates it sparked: Rule 124's constitutionality and the Section 11(9) tension.