In-depth analytical articles on Indian Trademark law including prosecution,enforcement, statutory interpretation and case developments.
Distinctiveness is the soul of a trademark. It is the quality that separates a protectable brand identifier from an ordinary word, symbol or device that belongs to the common stock of language and commerce. Without distinctiveness, a mark cannot perform the essential trademark function the identification of the commercial origin of goods or services and […]
The Concept of Distinctiveness in Indian Trademark Law Read More »
A trademark, once registered, is a species of personal property. Like other forms of intellectual property, it is capable of being owned, transferred, mortgaged, licensed and dealt with in all the ways that the law permits in respect of movable property. The transfer of ownership of a trademark wholly or partially, with or without the
Trademark Assignment – Requirements and Procedure under the Trade Marks Act, 1999 Read More »
A trademark is not merely a badge of origin it is a commercial asset of potentially enormous value, capable of generating revenue far beyond the direct sale of the goods or services to which it is attached. The mechanisms through which that value is extracted and shared between the proprietor of the mark and third
Trademark Licensing and Registered User Agreements under the Trade Marks Act, 1999 Read More »
The law of passing off occupies a foundational position in the Indian intellectual property landscape. It is the common law action through which traders protect the goodwill and reputation they have built in their unregistered marks, trade names, get-up and other indicia of commercial identity against misappropriation by competitors who seek to exploit that reputation
Passing Off in India – Elements, Evidence and Remedies Read More »
Trademark law exists to protect two distinct but related interests simultaneously. It protects the proprietor of a registered mark against the unauthorized use of that mark by others who would free-ride on the reputation and goodwill that the proprietor has built. And it protects consumers against confusion – against the risk that they will be
Trademark Infringement under Section 29 – A Complete Analysis Read More »
The Register of Trade Marks is not an immutable document. While registration confers significant legal presumptions in favour of the proprietor and is treated as prima facie evidence of validity under Section 31 of the Trade Marks Act, 1999, the register is not beyond challenge. Marks may find their way onto the register through error,
Trademark Rectification Proceedings – Sections 57 to 60 of the Trade Marks Act, 1999 Read More »
The journey of a trademark application from the moment it is filed to the point at which it is accepted for advertisement is one of the most consequential phases in the entire registration process. It is during this period that the Trade Marks Registry scrutinizes the application against the requirements of the Trade Marks Act,
Trademark Examination in India – From Filing to Acceptance Read More »
The examination of a trademark application in India operates at two distinct levels. The first level, governed by Section 9 of the Trade Marks Act, 1999, concerns the inherent qualities of the mark itself – whether it is distinctive, whether it is descriptive, whether it offends public policy. These are the absolute grounds and they
Relative Grounds for Refusal under Section 11 of the Trade Marks Act, 1999 Read More »
A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize, the application must pass through a rigorous examination process administered by the Trade Marks Registry. That examination is governed by two distinct categories
Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999 Read More »
A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that carries a brand’s reputation and the legal instrument through which that reputation is defended. In India, the law governing the registration and protection of trademarks
Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999 Read More »