Trademarks
Perspectives on trademarks across India and the subcontinent.
Rohit Magesh · 16 August 2024
Contractual Staff at the Trade Marks Registry: A Cloud Over Thousands of Marks
A Calcutta High Court ruling questioned decisions made by contractual staff performing quasi-judicial functions at the Trade Marks Registry — putting hundreds of thousands of 2021–2023 registrations under a re-validation cloud.
Keerthana K · 31 July 2024
Proof of Use in Indian Trademark Hearings: A Practical Guide
There is no fixed standard for proving trademark use in India, yet hearing officers increasingly want sales invoices. What evidence actually works — especially for digital-first brands.
Adlin Mini M · 29 July 2024
Multiple and Partial Trademark Priority Claims: India's Strict Approach
India recognises only a single priority date per trademark application and rejects partial priority — a trap for International Registrations designating India. What applicants must do to avoid provisional refusals.
Keerthana K · 12 July 2024
Someone Registered Your Brand First: What You Can Do
A provisional refusal arrives because an identical mark is already registered — and the holder turns out to own fifteen marks belonging to foreign brands that haven't entered India yet. Four routes out, in order of cost, and why monitoring beats all of them.
Adlin Mini M · 2 July 2024
Defending Your Brand: Social Media and E-Commerce Takedown Requests
Before you litigate, you can act fast. How to use takedown request forms on Facebook, Instagram and Amazon/Flipkart to remove infringing pages and counterfeit listings — the evidence to gather, and what each platform's process looks like.
Shehnaz Latheef · 27 June 2024
The 'Average Consumer' in the Digital Age: Forest Essentials v. Baby Forest
A Delhi High Court judge refused Forest Essentials an injunction over 'Baby Forest', holding that 'Forest' can't be monopolised — and that today's better-informed consumer isn't fooled by fleeting, transient confusion.
Rohit Magesh · 24 June 2024
Refurbished Goods and Trademarks: The Rules for Reselling in India
Can you resell refurbished branded goods after stripping the original label? An Indian court said removing the mark forfeits the 'exhaustion' defence — and laid down clear guidelines refurbishers must follow.
Vaniah Dominic · 12 June 2024
Email Service by the Trademark Registry: Efficiency or a Loophole?
Indian courts have held that a successfully sent email does not prove receipt — relief for parties who miss deadlines through no fault of theirs, but a gap that can be exploited in opposition proceedings.
Adlin Mini M · 1 June 2024
No More Extensions at the Opposition Evidence Stage: Sun Pharma v. Dabur
The 2017 Rules dropped the language allowing extensions to file evidence in opposition. The Delhi High Court in Sun Pharma v. Dabur held the omission was deliberate — miss the two-month window and the opposition is abandoned.
Keerthana K · 29 May 2024
Deepfakes, AI and Personality Rights: Is the Law Enough?
AI deepfakes of Rashmika Mandanna, Amitabh Bachchan and others have made personality rights urgent. Why existing copyright and trademark law only partly help, how courts are stepping in with personality-rights orders, and why the law must evolve.
Karishma Sree · 8 September 2023
Well-Known Trademarks in India: What They Are and How to Apply
A well-known trademark is protected across all goods and services in India — not just the ones it is registered for. What qualifies a mark, the two routes to recognition, and how to apply under Rule 124.
29 August 2023
Keywords as Trademark Use: Google LLC v. DRS Logistics
The Delhi High Court held that selling a registered mark as an advertising keyword is 'use' under Section 29(6), and that Google cannot claim intermediary safe harbour for a programme it actively runs. But use alone isn't enough — confusion still has to be shown.