India

The Registrability of Alphabet or Number trademarks in India

The basic purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another. If a mark is not distinctive, it would lead to confusion among consumers between the mark and existing brands present in the market, as well as be unable to distinguish the…


Requirements of a Sound Mark – An International Perspective

A sound mark is a non-conventional trademark which is different from traditional trademarks such as a word mark or a device mark. It is a type of a trademark wherein consumers are able to identify the origin of goods and services from a particular sound. The requirements to apply for a sound mark…


Balancing IPR and Global Health: COVID-19 Vaccines

As most readers will be aware, the period of time between 2020-2021 has been marked with unprecedented disaster and suffering. The year 2020 started out with the Australian wildfires, which was followed by rising geo-political tensions, and then of course, COVID-19 spread rapidly across the globe.…


Design Renewal in India

At the outset, Section 11(1) of the Designs Act, 2000, grants copyright protection to a design for a period of ten years from the date of registration. However, if priority is claimed then the registration period is calculated as being ten years from the priority date. Further, as per Section 11(2)…


Trademark Genericide

A trademark can be referred to as a recognizable sign, word or symbol that can be used to denote and distinguish a specific product or service from others. It can be a word, logo, sound, color or slogan that helps associate a product or service to the company that is manufacturing or providing the…


Metso Outotec Corporation v. the Registrar of Trade Marks

Background The Bombay High Court on October 6, 2021, set aside and quashed the decisions of the Senior Examiner of Trade Marks refusing the mark “SISUPER”. In Metso Outotec Corporation v. the Registrar of Trade Marks, appeals were preferred before the Bombay High Court from orders passed by the…


The dire need for a Post Registration Trademark Audit Program in India

The USPTO’s Post Registration Audit Program Under the USA’s Post Registration Audit Program, a declaration of use must be filed between the fifth and sixth year of the validity of the registration of the trademark. Consequently, a mark may be selected at random, and an audit may be carried out…


Pre-grant patent opposition in India

A Pre-Grant opposition in India is clearly explained in Section 25(1) of the Patents Act, 1970 which deals with the Pre-Grant Opposition proceeding. It explains the meaning, grounds and procedure for initiating an opposition proceeding in India. ‘Opposition’ is a word commonly heard and loosely…


The Bridge to India- The Guidelines bridging the gap

The whispers have been incessant since the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office (IPO) and the Japan Patent Office (JPO), which commenced officially on November 21, 2019, by signing a Joint Statement of Intent (JSOI) to this effect…


The Bridge to India - The potential of the recent PPH agreement between Japan & India

With the announcement of the Bilateral Patent Prosecution Highway (PPH) Programme between the Indian Patent Office under the Controller General of Patents, Design and Trade Marks (CGPDTM) and the Japan Patent Office (JPO), the floodgates to investments and financing in India has opened…