Trademarks
Perspectives on trademarks across India and the subcontinent.
Deepthi B · 11 March 2013
Barbie Girl and Trademark Dilution: Mattel v. MCA Records
Mattel sued over Aqua's 'Barbie Girl' for infringement and dilution, and lost on both. The song was nominative fair use, and though it did dilute the mark, it was a parody — non-commercial expression. India has Section 29(4) but no statutory parody exception.
Raja Pannir Selvam · 11 March 2013
Trademark Dilution in India: Protecting Famous Marks Beyond Confusion
Dilution lets a famous mark's owner stop uses that erode its distinctiveness or tarnish it — even without confusion. How blurring and tarnishment work, what Section 29(4) requires, and why 'reputation' may be too low a bar.
Ritika Agarwal · 11 March 2013
Series Trademarks in India: Protecting a Family of Marks
A family of marks sharing a common element — the 'Mc' in McDonald's, the 'Vol' in Voltas — can be registered and protected together. What a series trademark is, and how India's Section 15 limits it.
6 February 2013
Scandalous and Obscene Trademarks: Where's the Line?
Indian law bars registering marks with 'scandalous or obscene' matter — but what crosses the line? The Trade Marks Manual says merely distasteful is fine; only marks that cause public outrage, or contain nudity/explicit content, are refused. And an examiner can miss a meaning they don't know.
Raja Pannir Selvam · 10 January 2013
How to Register a Trademark in India: A Step-by-Step Guide
From what a trademark is to filing, examination, publication and registration — a practical walkthrough of the Indian trademark process. Search first, file on Form TM-A, answer the examination report, clear publication, and renew every 10 years.
Navarre Roy · 20 December 2012
Using RTI to Unstick a Delayed Trademark Application
When a trademark application sits idle at the Registry, the Right to Information Act is a surprisingly effective lever. How a well-aimed RTI puts accountability — and a 30-day clock — on the officer handling your file.