Trademarks
Perspectives on trademarks across India and the subcontinent.
6 February 2017
"TATA" as a Well-Known Trademark: The Delhi High Court's Ruling
The Delhi High Court recognised TATA as a well-known trademark and stopped 'Tata Packers and Movers' from trading on the name. How continuous use since 1868 and cross-class registration carried the day.
20 January 2017
When an INDRP Arbitrator Gets It Wrong: The thoughtworks.in Award Set Aside
An arbitrator refused Thoughtworks its own .in domain, holding it hadn't proved its trademark registrations — which were annexed to the complaint — and treating six years of delay against it. The Delhi High Court set the award aside under Section 34 for non-application of mind.
Raja Pannir Selvam · 16 January 2017
Trademark Registration in the Maldives: The Cautionary-Notice System
The Maldives has no dedicated trademark statute — protection comes from publishing a cautionary notice in local newspapers. How it works for local and foreign owners, what the notice contains, re-publication for renewal, and enforcement via passing off.
Raja Pannir Selvam · 1 January 2017
Registering a Trademark in India: The Steps and What They Cost
Filing is not registration. The nine stages from choosing a mark to renewal, the official fees (₹4,500 for individuals, startups and small enterprises; ₹9,000 for everyone else, per mark per class), and why the cheapest filing quote often becomes the most expensive registration.
Navarre Roy · 14 November 2016
The Innocent Domain Squatter
A company registered five domains for a business line it later shelved. Years afterwards another company formed under one of those names, built a reputation, registered the trademark — and demanded the domain. It lost, because you cannot register in bad faith against a right that doesn't yet exist.
10 November 2016
Punitive Damages Denied: GSK Wins the Injunction, Not the Payout
GlaxoSmithKline stopped a company using 'GSK' for pharma products and won a permanent injunction — but the Delhi High Court refused punitive damages because GSK couldn't quantify its loss or the infringer's sales. A reminder that damages need evidence, not just a strong case.
20 October 2016
No Protection for Generic Domain Names: SHAADI.COM v. SECONDSHAADI.COM
Shaadi.com couldn't stop SecondShaadi.com — because 'shaadi' (Hindi for marriage) is generic and can't be monopolised. The Bombay High Court's crisp reasoning on generic marks, TLDs, and why adopters of common words must expect some confusion.
18 October 2016
The Financial Times' Never-Ending Trademark Battle in India
For over two decades, The Financial Times Ltd and Times Publishing House fought over 'FINANCIAL TIMES' and 'FT' — across the Bangalore City Civil Court, the IPAB and the Delhi High Court. A study in the hurdles foreign brands face entering India.
14 October 2016
Same Word, Different Buyers: Why Target Customers Decide Infringement
'Just in Vogue' didn't infringe 'VOGUE' — different goods, different trade channels, different customers. The Bombay High Court's reminder that confusion depends on who the buyers are, not just the words.
7 September 2016
Famous Marks as Domain Names: No Automatic Statutory Protection
The Bombay High Court refused to stop 'raymondpharma.com' — a pharma company's use of RAYMOND — holding the Trade Marks Act doesn't protect famous marks used as domain names across unrelated trades. How Section 29(4) and 29(5) interact.
30 August 2016
Rule 40 and the Olympics: When a Tweet Becomes Infringement
The US Olympic Committee warned businesses against tweeting with Olympic hashtags, and one carpet-cleaning company sued to find out where the line was. The rules exist to stop ambush marketing — but they caught a great deal of ordinary well-wishing too.
11 August 2016
Getting Back Your .COM Domain Name Through the UDRP
For .com and other generic TLDs, the recovery route is ICANN's UDRP — not the INDRP. How to file (via WIPO), the three grounds, the fees, the domain-lock, the 60-day timeline, and the remedies (cancellation or transfer).