Trademarks
Perspectives on trademarks across India and the subcontinent.
Navarre Roy · 10 February 2014
The 'Man of Average Intelligence and Imperfect Recollection'
Indian courts judge trademark confusion through the eyes of a fictional 'man of average intelligence and imperfect recollection'. Who he is, how his intelligence shifts with the product, and the marks he has (and hasn't) confused.
Keshava H. B. · 28 January 2014
Sound and Smell Marks in India: Registering the Intangible
A jingle can identify a brand as surely as a logo. India registers sound marks — and since the 2017 Rules you file an MP3 with musical notation rather than describing the sound in prose. Smell marks remain effectively unregistrable, for want of graphical representation.
Nemish Zaveri · 24 January 2014
The O-3 Notice: Why a Trademark Can't Be Removed Without Warning
Before a trademark is removed for non-renewal in India, the Registrar must send an O-3 notice. Courts have held this a requirement of natural justice — and it gives owners a real second chance.
Raja Pannir Selvam · 17 December 2013
Joint Ownership of a Trademark in India
Two or more parties can jointly own a trademark in India — but only in narrow circumstances. What Section 24 permits, what the courts require, and how joint owners must deal with each other.
Raja Pannir Selvam · 28 November 2013
Choosing the Right Brand Name for Your Startup
Your brand name is your first — and one of your most important — decisions. How to pick a name that's distinctive, memorable and clearable, and the four searches (internet, MCA, domains, trademark records) to run before you print a single business card.
Nikita · 13 November 2013
Getting Back Your .IN Domain Name — The INDRP Way
Someone registered your brand as a .in domain? The INDRP is a fast, inexpensive route to recover it. A detailed walkthrough — who can complain, the three grounds, notification, arbitrator appointment, the award timeline, fees and appeals.
Raja Pannir Selvam · 22 August 2013
An Order That Removed the Wrong Trademark
IPAB Order No. 156/2013 cited two application numbers in Class 29 that do not exist in that class — one is a Class 9 mark, the other a multi-class mark owned by an unrelated Danish company. The order then directed removal of the second.
Raja Pannir Selvam · 25 July 2013
Eleven Years, Six Letters, One RTI: The IPAB on Registry Indifference
An application filed in 1992, an opposition never served, letters unanswered for a decade, and an abandonment order that appeared online a year before it was passed. The IPAB's response — 'we disapprove of this attitude' — and the five questions it demanded answers to.
24 July 2013
Someone Is Using Your Trademark: What Are Your Options?
A cease and desist notice, a negotiated settlement, or formal proceedings — the three routes, in escalating order. The one thing you cannot do is wait, because prolonged knowledge without action can be read as acquiescence.
Raja Pannir Selvam · 18 July 2013
METO v. METOX: A Registry Delay Cost the Plaintiff Its Standing
Orchid Chemicals filed a TM-16 to record itself as the METO proprietor in 2003 — but the Registry issued the certificate in the old name. When it sued METOX in 2012, it had no locus standi, and 'METO' (from a drug molecule) was held generic. A cautionary tale.
Raja Pannir Selvam · 26 June 2013
Single-Class or Multi-Class Trademark Application in India?
India allows multi-class trademark applications — but single-class filings are usually the smarter choice. Why: an opposition to one class stalls the whole application, and the divisional-application fix is slow and costly.
Raja Pannir Selvam · 19 June 2013
What a TM-61 Alert Means on Your Indian Trademark Application
A TM-61 alert means your goods/services specification exceeded 500 characters without paying the per-character fee. How to clear it — pay for the excess characters, or amend to trim the specification — and why filing online avoids the problem entirely.