Trademarks
Perspectives on trademarks across India and the subcontinent.
Nikhil Srivastava · 8 June 2020
Trading Trademarks: Assignments, Mergers and Transmissions in India
A trademark is a business asset that can be sold, merged or transmitted — but the change must be recorded with the Registry. The four scenarios, the documents, stamp duty, and the fees.
Raja Pannir Selvam · 22 May 2020
Sri Lanka and the Madrid Protocol: A Long-Delayed Accession
Sri Lanka agreed to join the Madrid Protocol in 2017, then deferred to 2018, then to 2020. The benefits for businesses on both sides are real and uncontested — which makes the repeated slippage the notable part of the story.
Raja Pannir Selvam · 22 May 2020
Trademark Protection in the Maldives: FAQs on the Cautionary Notice
The Maldives has no trademark statute or registry — protection is secured by publishing a cautionary notice in the newspaper. How the system works, what information you need, and how to renew.
12 May 2020
COVID-19 and IP Deadlines: How the Courts Extended Limitation
When the pandemic hit, the Supreme Court froze limitation across all proceedings and the IP offices extended deadlines. A record of those measures — and a note that the extensions have since concluded.
23 March 2020
Indian IP Office Deadline Extensions During COVID-19: A Record
A chronology of the CGPDTM, Patent Office, Trade Marks Registry and Copyright Office notifications that extended IP deadlines during the 2020 COVID-19 lockdown — plus the Supreme Court's suo-motu limitation extension.
21 October 2019
Trademark Law and Cultural Appropriation: The Remedies (Part II)
When a corporation trademarks an aspect of a community's heritage, what can that community do? A rundown of the tools under Indian trademark law — absolute-grounds refusal, collective marks, opposition, cancellation and suits — and why they come at a premium.
30 September 2019
Trademarks and Cultural Appropriation: Who Owns 'Hakuna Matata'?
Kim Kardashian withdrew an application to register 'Kimono' after public backlash. Disney holds 'Hakuna Matata' for clothing. The objections are understandable — but the questions they raise about who owns a cultural asset have no settled answer.
3 September 2019
The 'Essential Feature' Doctrine: When One Word Decides Infringement
'MAXCURE' infringed 'MAX' because 'MAX' was the essential, source-identifying feature of the plaintiff's marks. How Indian courts isolate the dominant element to decide trademark infringement.
26 August 2019
IP and MSMEs: Bridging the Gap
MSMEs generate a large share of India's innovation and protect very little of it. The obstacles are cost and a perception that IP is complex — both of which are addressed by schemes and fee concessions most MSMEs do not know exist.
7 August 2019
PULSE Pulses PULSER: A Copycat Candy — and Damages for an Animal Cause
A street hawker sold 'PULSER' Kaccha Aam candies copying PULSE's trade dress and tagline. The Delhi High Court injuncted it — and, in a notable twist, directed the defendant to donate ₹2 lakh to an animal welfare centre instead of paying the plaintiff.
3 August 2019
Amway v. Amazon: The Direct Selling Injunction, and Its Reversal
A single judge held the Direct Selling Guidelines binding, found platforms had lost safe harbour by failing due diligence, and injuncted them. The Division Bench set that aside in 2020 — which makes the appellate reasoning the part that matters.
15 July 2019
5AM Ventures: An INDRP Complaint Decided by the Footer
The respondent registered 5amventures.in, offered the same venture capital services, and claimed he had never heard of the complainant. The copyright notice at the bottom of his own website linked to 5amventures.com.