Trademarks
Perspectives on trademarks across India and the subcontinent.
Durga Bhatt · 21 August 2015
Who Buys the Product? Class of Purchasers in Trademark Infringement
A pharma mark 'CORONA' used only on brochures for doctors did not infringe another 'CORONA' mark — because the buyers and trade channels were different. The Gujarat High Court on why the class of purchasers matters.
Durga Bhatt · 7 August 2015
Associated Trademarks in India: Why the Registry Links Your Marks
When your new mark resembles an earlier one for the same goods, the Registry may require them to be 'associated'. What association means, its advantages for proving use, and what happens if the linked mark lapses.
Nikita · 31 July 2015
Franchise Agreements and Trademark Infringement: Why Drafting Wins
When a franchisee opened a competing salon, the Delhi High Court read the whole franchise agreement — recitals, schedules and all — to find 'salon services' were covered. A case study in why a well-drafted franchise agreement decides the fight.
Nikita · 26 July 2015
Cocktail Names as Trademarks: The IP Blend
Martini, Bloody Mary, Screwdriver, Mojito — many everyday cocktail names are registered trademarks in India, often held by big drinks companies. Whether that means bars infringe by listing them, and how 'genericide' complicates enforcement.
Nikita · 10 July 2015
Good Earth v. India Circus: Passing Off Designs, and 'New in Application'
When a former Good Earth designer sold its motifs under his own brand, the Delhi High Court injuncted him for passing off — and clarified a subtle point: a design old in itself is 'novel' when applied to a new article it's never been applied to before.
2 July 2015
An Introduction to .IN Domain Dispute Resolution (INDRP)
Disputes over .in domains are resolved by NIXI's .IN Registry under the INDRP. How to file a complaint, the official fees, the arbitration timeline, and the appeal route — a practical primer for reclaiming a squatted .in domain.
26 June 2015
Video Games and Trademarks: Play It Right
Beyond copyright, a game developer must think trademarks — protecting their own game name and catchphrases, and clearing any third-party marks used in the game. How India treats in-game brands, how US law differs (the Rogers test), and the real-world crossover risk.
22 June 2015
Same Name, Different TLD: How Domain Name Disputes Are Decided
Domain names must be unique worldwide; trademarks can coexist across classes and countries. That mismatch drives the disputes. Reputation, first use and the similarity of the goods offered are what tribunals and courts actually weigh.
Raja Pannir Selvam · 22 June 2015
Filing International Trademarks via the Madrid Protocol from India
One application, one language, one set of fees — the Madrid Protocol lets Indian businesses seek trademark protection across the world. How the three-stage process works, the benefits, and the pitfalls: central attack, local-agent costs, and transformation.
12 June 2015
Musical Instruments and IP: Design, Patent and Trademark
The look of an instrument, a genuine mechanical innovation, and the brand on the headstock are each protected by a different IP right. How design, patent and trademark protection apply to musical instruments.
5 June 2015
Board Games and IP: How the Law Protects a Game
A board game is not protected by one right but several — copyright in the artwork and rules, design registration for the board, a possible patent for a genuine innovation, and a trademark for the title.
5 June 2015
Can You Register a Signature as a Trademark in India?
Section 2(m) expressly includes a signature in the definition of a mark. But a plainly written name won't get through — a signature needs a distinctive style, or proof of acquired distinctiveness, as Sachin Tendulkar and Katrina Kaif's filings show.