intellectual property

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.…


Britannia Industries v. ITC Ltd & Ors - Deceptively dissimilar?

The Delhi High Court on April 5, 2021 dismissed two applications filed by Britannia Industries against ITC Ltd for alleged trademark infringement and passing off by, Case 1: ITC's ‘Sunfeast Farmlite 5-SeedDigestive’ biscuits of Britannia’s ‘NutriChoice Digestive’ biscuits Case 2: ITC’s ‘Sunfeast…


Prosecution history estoppel in India - A suit of armour or a double-edged sword?

Introduction Trademarks have over time, distinguished themselves as the popular kids among the Intellectual Property rights. This is so because they are perhaps the most protected amongst the bundle of IP rights and well, inevitably the face of your business. A trademark builds your brand value by…


Branding Due Diligence - Make it or Break it

“Buyers make most decisions by relying on their two-second first impressions based on stored memories, images and feelings.” – Malcolm Gladwell, Blink: The Power of Thinking Without Thinking Most of us know intuitively that first impressions are important. We don’t like to think that we judge a…


Indian Copyright (Amendment) Rules, 2021

While the country and the entire world is continuing its fight against the COVID-19 pandemic, offices and governments across the entire globe have not stopped working and have always ensured the best for its countrymen. Not very long ago, the Indian Designs Office notified the Designs (Amendment)…


Renewal of Customs Recordal in India

In this current age, with counterfeit goods on the rise, measures such as recording one’s intellectual property with the customs authority in order to curb infringement is a necessity. More information regarding the procedure and requirements for recordal with the customs authority are available…


Trademarks – A sanctioned vent for cultural appropriation?

In the recent times we have seen bizarre trademark registrations from names like 'Blue Ivy Carter' to English phrases that are prima facie non-distinctive and could go out of style' (Taylor Swift, we’re looking at you). Imagine not being able to label your lungis, as 'lungi' because a juggernaut…


The Influence of the Influential

Celebrities influence us the deepest. Irrespective of our ‘literacy’, they help us ‘decide’ whether to buy a particular brand or not, through their appearances in advertisements. There is no denial in this. Their influence is profound especially in India. A celebrity endorsing a product or service,…