Trademarks
Perspectives on trademarks across India and the subcontinent.
4 December 2020
Plex v. Zee: Global Reputation Is Not Enough, and Neither Is Urgency You Created
Plex amended its application from 'proposed to be used' to claiming use since 2008, then moved for an injunction against ZEEPLEX the day before launch. The Bombay High Court refused — on reputation, on the comparison to Hotstar and Disney, and on the delay.
28 November 2020
Claiming Priority for a Trademark in India: Why One Date Only
You can claim convention priority for a trademark in India — but only a single, earliest date, and only if the Indian application is identical to the basic one. How to claim it via Form TM-A or Madrid, and the pitfalls.
19 November 2020
When a Cease-and-Desist Backfires: Legal Notices as 'Groundless Threats'
A cease-and-desist is the usual first move against an infringer — but if your claim is weak, the recipient can turn the tables and injunct *you* for making groundless threats. The BurjNoida v. Burj Al Arab warning.
3 November 2020
Morality and IP: How Far Is Too Far?
Trademarks and patents can be refused on morality grounds — scandalous marks, inventions contrary to public order. But copyright has no such bar. How the three IP regimes treat 'morality', and why the terms stay undefined.
20 October 2020
Amending a Madrid Application in India: The Procedural Gap
The Indian Registry asks a Madrid applicant to correct something, then provides no route to file the correction. The applicant is pushed back to WIPO — slow, costly, and often unnecessary for a change that only affects India.
19 October 2020
INDRP Rules Updated: Easier .IN Domain Dispute Filing
NIXI streamlined the INDRP process — soft-copy filing, electronic payment, and new size and service rules. What changed for .in domain disputes, why it helps foreign rights holders most, and the one change that cuts both ways.
Raja Pannir Selvam · 13 October 2020
What's in a Surname? Trademarking Family Names in India
Family businesses often trade under a surname — until relatives fall out over it. The Delhi High Court's Anil Rathi v. Sharma Steeltech clarifies the Section 35 'own name' defence: it protects personal bona fide use, not licensing the family mark to third parties.
Archana Priyadharshini · 7 August 2020
The ® Trap: Designating India in an IR Trademark Application
An international registration filed with the ® symbol — valid at home, even disclaimed — hit an Indian objection that no one could fix: WIPO can't amend it, and the Registry's only answer was 'file a fresh application'. A cautionary tale, and the simple prevention.
Raja Pannir Selvam · 7 July 2020
Voluntary Cancellation of a Trademark Registration in India
Sometimes an owner wants to give up a registered mark — often under a settlement or coexistence agreement. How to voluntarily cancel a trademark registration in India: the request, the mandatory affidavit, and the current timeline.
2 July 2020
Scrutiny Reports and Discrepancy Notices from the Trade Marks Office
When the Trade Marks Office finds a document missing or a request filed on the wrong form, it issues a discrepancy notice (scrutiny report). What triggers one, the 30-day deadline to reply, and why they can arrive even after registration.
26 June 2020
'Magic Masala': Why ITC Couldn't Stop Nestlé (Descriptive Marks)
ITC's 'Magic Masala' couldn't stop Nestlé's 'Magical Masala' — the Madras High Court held 'Magic' and 'Masala' are laudatory/generic and common to trade, so no one can monopolise them. A lesson on descriptive marks and taglines.
25 June 2020
FAQs on 'Use' of a Trademark in India
In India's common-law system, 'use' of a mark decides registration, opposition and enforcement. What counts as use, whether goods must physically exist here, and how trans-border reputation fits — answered.