trademarks
Trademark turbulence: Interglobe Aviation Vs Mahindra Electric Automobile Ltd
In a recent dispute between India’s largest airline, IndiGo, and automobile manufacturer Mahindra Electric, (Interglobe Aviation Vs Mahindra Electric Automobile Ltd, DHC - CS(COMM) 1073 / 2024) the issue surrounded the alpha numeral “6E”. For IndiGo, the 6E callsign has been an integral element of…
Coexistence of Similar Pharmaceutical Names: An Analysis of Judicial Interpretation
Trademarks provide an advantage to businesses by distinguishing one’s product from others. However, it is common for infringers to use a similar mark in the industry and try to reap the goodwill that the initial user had secured over years. The pharma industry too faces the issue of similar marks…
The Evolving Liability of Domain Name Registrars: Snapdeal Private Limited v. Godaddycom LLC and Ors.
As the digital landscape evolves, the need to hold intermediaries to higher standards of accountability and duty of care has become increasingly pressing. This necessity arises from a growing trend in which intermediaries often overlook instances of infringement occurring on their platforms, to the…
Madrid Applications: The Effective way to overcome objections by Indian TMO
In today's globalized world, transborder reputation and the growing international presence of companies are undeniable realities. Intellectual property (IP) has become a critical aspect of business strategy, especially with the rise in counterfeit goods and bad-faith trademark registrations in…
Deemed Protection under Indian Trademark law and the Madrid Protocol
In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid…
The Force Awakens - CGPDTM's Recent actions on contractual staffs in Trade mark office
The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality…
Bombay High Court Upholds Celebrity Personality Rights Against AI Exploitation: An Analysis of Arijit Singh v. Codible Ventures LLP and Others
In a recent judgment in the case of Arijit Singh v. Codible Ventures LLP and Others, the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual's identity, privacy, and dignity, are…
Standard of Proof of Use: A Practical Guide To Win Over Hearing Officers
In India, a trademark application can be filed either on a "proposed to be used" basis or by claiming prior usage of the mark in India. In view of opting to file an application based on prior use, an Applicant is required to include a User Affidavit along with their Form TM-A at the time of filing…
Deciphering Trademark Priority Claims in India: Challenges with Multiple and Partial Priority Claims
One of the key provisions of the Paris Convention for the Protection of Industrial Property pertains to priority applications, which allows trademark applicants to claim priority in a member country based on an earlier application filed in the home country. This principle, known as priority right,…
UNABLE TO REGISTER YOR TRUE BRAND DUE TO PRIOR IDENTICAL REGISTRATIONS? HERE’S WHAT YOU CAN DO
I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. Recently, one of the most frustrating challenges awaiting brand owners at the time of filing a trademark application doesn’t seem to be…