Trademarks
Perspectives on trademarks across India and the subcontinent.
Raja Pannir Selvam · 20 August 2023
Service Is Complete on Receipt, Not on Sending: The Section 21(2) Rule
The Madras High Court held that the counter-statement deadline runs from when the applicant actually receives the opposition notice — not when the Registry sends the email. Section 21(2) prevails over Rule 18.
Advika Muralidharan · 12 August 2023
A Judicial Lens on India's IP Reality: Cut-Paste Orders and Delay
Blank orders, 'mechanical cut-paste' patent refusals, irrelevant prior art, near-expired patents — a run of Delhi High Court rulings has laid bare how unreasoned IPO/TMO decisions harm innovators. A survey of the cases, and the transparency reforms they demand.
Raja Pannir Selvam · 28 July 2023
Two Registered Marks: No Infringement Suit, but Passing Off Survives (Kerala HC)
When both parties own registered trademarks, one cannot sue the other for infringement — but a passing-off action remains open. The Kerala High Court's Chandrika v. Chandra ruling, and why Wipro still lost.
Ramani KS · 26 July 2023
Selling 'Testers' as Products: The Calvin Klein Trademark Case
Fragrance testers are for sampling, not sale. When online sellers passed Calvin Klein testers off as genuine products, the Delhi High Court found trademark infringement and unfair trade practice — awarding costs and an injunction. What brand owners should learn.
Raja Pannir Selvam · 20 July 2023
Supreme's Red-Box Device Declared Well-Known in India
The Delhi High Court declared the cult streetwear brand Supreme's red-box device a well-known trademark — but pointedly limited that status to the device, not the dictionary word 'Supreme'. How scarcity, celebrity endorsement and 29 years of use built the case.
Raja Pannir Selvam · 10 July 2023
No Affidavit? No Automatic Rejection for Well-Known Status: Kamdhenu
The Registrar rejected Kamdhenu's well-known-mark application for want of an affidavit. The court held that's not fatal — the Registrar should give the applicant a chance to supply the affidavit, not reject the application outright. A relief for well-known applicants.
18 February 2023
Thousands of Trademark Applications at Risk of Abandonment
A February 2023 CGPDTM notice flagged thousands of trademark applications facing abandonment for missed examination replies and counter-statements. What the notice required, the 30-day window to prove filing, and the systemic fixes it points to.
Raja Pannir Selvam · 16 February 2023
Hermès 'H' Device Declared a Well-Known Trademark by the Delhi HC
The Delhi High Court declared Hermès' 'H' device a well-known trademark under Section 2(1)(zg). What evidence Hermès put in across the Section 11(6) factors, and its argument that the 'relevant public' should be judged by the target market — here, fashion.
Raja Pannir Selvam · 6 February 2023
The Empire Strikes Again: The TMO's 2023 Abandonment Notice
In 2016 the Trade Marks Office abandoned 1.66 lakh applications overnight — and got stayed. In 2023 it tried again, but more carefully: a public notice giving 30 days to file missing examination replies or counter-statements before abandonment. A better way to clean the register.
14 January 2023
Trademark Renewal in India: The Deadlines That Actually Matter
A registration runs ten years and can be renewed indefinitely. You can file from a year before expiry, with a six-month grace window afterwards on payment of a surcharge, and restoration between six and twelve months. Miss all three and the mark comes off the register.
10 January 2023
How to Renew a Trademark Registration in India
Check the status, file the renewal application in the twelve months before expiry, and the registration continues for another ten years. Miss it and you move into surcharge territory, then restoration, then removal.
5 January 2023
Trademark Prosecution in Bangladesh: A Practical Guide
Filing a trademark in Bangladesh? Applications are single-class, on the NICE 10th edition, on an intent-to-use or use basis. The process, the 2-month (extendable) opposition window, the unusual 7-year first term (then 10-year renewals), and non-use cancellation.