Trademarks
Perspectives on trademarks across India and the subcontinent.
Shana Varughese · 17 December 2021
Can You Register a Single Letter or Number as a Trademark in India?
Single letters and numbers usually fail as trademarks in India for want of distinctiveness — but stylised device marks and arbitrary numerals can and do get through. Where the line falls.
Shubhankar Mathur · 16 December 2021
Registering a Sound Mark: India and an International Perspective
The Netflix 'Ta-Dum' and 20th Century Fox fanfare are sound marks. How India registers them under Rule 26(5) — MP3, under 30 seconds, with musical notation — and how the US and EU take a more flexible view of length and graphical representation.
Sukanya Balasubramanian · 31 October 2021
Trademark Genericide: How Brands Lose Their Own Names
Escalator, Aspirin, Thermos — all were once trademarks that became generic words and lost protection. What causes genericide, and the steps brand owners take to avoid it.
Aashray Suresh, Nikhil Srivastava & Raja Pannir Selvam · 8 October 2021
Reasoned Orders Matter: Metso Outotec v. Registrar of Trade Marks
The Bombay High Court quashed a refusal of the mark 'SISUPER' that merely recited Section 9(1)(a) and (b) without reasoning. Why Section 18(5) requires the Registrar to record reasons — and why the ruling matters for Madrid-Protocol filings in India.
Sandhya S · 5 October 2021
Britannia v. ITC: When Are Two Biscuit Packs 'Deceptively Dissimilar'?
The Delhi High Court refused Britannia an injunction over ITC's Sunfeast Farmlite digestive packaging — a reminder that in packaging disputes, the differences count as much as the similarities.
Shana Varughese · 16 September 2021
India Needs a Post-Registration Trademark Audit Programme
India is a first-to-use jurisdiction, yet nobody checks whether a registered mark is still in use. The USPTO's random audits saw more than half of audited owners delete goods and services they had claimed. A deadwood register hurts genuine brands — here is what India could do about it.
Sandhya S · 23 August 2021
Infringement and Passing Off: How to Frame the Injunction Prayer
Pleading separate injunction prayers — one for infringement, one for passing off — is, the Bombay High Court says, 'a singularly unwise practice.' Why the relief should be framed as a single injunction.
Subhikssha K · 21 July 2021
Keyword Advertising and Trademarks: Bidding on a Rival's Brand
Can a competitor bid on your trademark as a Google Ads keyword? The Delhi High Court made Google suspend an advertiser's account for bidding on 'MakeMyTrip'. How Section 29 applies, why the search engine's liability is greyer, and where the law is heading.
Drisya R · 26 May 2021
Prosecution History Estoppel in Trademarks: A Double-Edged Sword
What you say to distinguish your mark during examination can be used against you later. How prosecution history estoppel plays out in Indian trademark disputes — and why the usage claim often beats splitting hairs over cited marks.
7 May 2021
Branding Due Diligence: Four Checks Before You Launch
Myntra revised its logo overnight after a complaint, changing its website, app, packaging and labels across India. It could absorb that. A startup could not. Distinctiveness, perception, global acceptance and professional clearance are the checks that prevent it.
26 March 2021
BigBasket v. Daily Basket: Trademark Protection or Bullying?
BigBasket's cease-and-desist to tiny startup Daily Basket over the common word 'basket' drew accusations of trademark bullying — and a viral pushback site, bbisabully.com. Where legitimate enforcement ends and bullying begins, and the Section 142 groundless-threats risk.
26 March 2021
Pakistan Joins the Madrid Protocol
Pakistan acceded on 24 February 2021, becoming the fourth SAARC country in the Madrid system. From 24 May 2021, brand owners could designate Pakistan through a single international application rather than filing nationally.