Trademarks
Perspectives on trademarks across India and the subcontinent.
11 June 2014
Website Analytics as Evidence of Trademark Reputation in India
Jane Norman had no stores in India but produced analytics showing over 18,000 Indian visitors to its website in a year. The Delhi High Court accepted that as evidence of spill-over reputation and granted an injunction — a position the Supreme Court later tightened.
6 June 2014
Registering a Trending Hashtag as a Trademark
What cannot be registered as a trademark cannot be registered as a hashtag either. Beyond that, the practical filter is longevity — a hashtag that identifies the brand for years may be worth protecting; one riding a passing trend is not.
Raja Pannir Selvam · 27 May 2014
The Dynamic Trademark Utility: Transparency at the Registry
The Trade Marks Registry introduced a 'dynamic' utility letting anyone see how many applications sit at each stage, by class and jurisdiction. A small but telling step toward transparency and accountability.
Navarre Roy · 5 May 2014
Do India's Political Parties Trademark Their Names and Symbols?
A 2014 look at whether India's major parties registered trademarks for their names, symbols and slogans — mostly they hadn't. Why party symbols run into the Emblems Act, and what protection is even available.
Raja Pannir Selvam · 29 March 2014
No Monopoly Over Common Words: The 'Aachi' Trademark Dispute
'Aachi' means grandmother in Tamil — so the Madras High Court refused Aachi Spices an injunction against Aachi Cargo. When common words can (and can't) be monopolised, and why reputation and secondary meaning still matter.
Raja Pannir Selvam · 27 March 2014
How Cadbury Lost Some of Its Trademarks in India (Non-Use)
When Cadbury injuncted ITC over 'eclairs', ITC hit back — filing to remove four Cadbury marks for non-use. Why registration alone doesn't prove use, and how the tribunal cancelled three of the marks under Section 47.
Raja Pannir Selvam · 26 March 2014
Of Animals and Trademarks: The Jaguar Watches Battle
Animal names make strong, arbitrary trademarks — until two brands share one. When Jaguar Cars fought a Swiss watchmaker over 'JAGUAR', the IPAB held that a phenomenal global reputation can trump a dictionary word and a co-existence deal.
Raja Pannir Selvam · 25 March 2014
The Case of 'Choclairs': Cadbury, Lotte and Spill-Over Reputation
Cadbury stopped Lotte using 'Choclairs' in India — despite Lotte's predecessor coining it decades earlier — because that older registration had lapsed and Lotte couldn't prove use. How reputation (not just local goodwill) and internet presence won Cadbury the injunction.
Raja Pannir Selvam · 17 March 2014
Parodies and Trademarks in India: The Tata vs Greenpeace Case
Can you parody a trademark? India's clearest guidance comes from Tata Sons v. Greenpeace — the 'TATA vs Turtle' game. The Delhi High Court held that non-commercial parody drawing attention to a proprietor's conduct is free speech, not infringement.
Raja Pannir Selvam · 13 March 2014
When the Trade Marks Office Put Every Form Online
A 2014 upgrade completed the Trade Marks Office's e-filing system — every prescribed form, including online RTI applications. Written at the time, with a note on the Office's ₹101 crore revenue surplus and where it ought to be spent. Today e-filing is the default, and cheaper than paper.
Raja Pannir Selvam · 11 March 2014
BRAHMOS vs FIITJEE: A Well-Known Mark Protects Across Dissimilar Services
Educational institutions used 'BRAHMOS' for an aptitude test — until the makers of the supersonic missile sued. The Delhi High Court held BRAHMOS a well-known trademark, protected even against dissimilar services, and injuncted the copycat use.
Raja Pannir Selvam · 24 February 2014
Expedited Examination of Trademarks in India: How Fast Is Fast?
You can pay to have a trademark examined faster in India — but historically only the examination stage was expedited, not the whole registration. How the process works, and how the 2017 Rules improved it.