Trade Marks Act 1999

Deceptive Similarity The Legal Test

Deceptive Similarity The Legal Test Under Indian Trademark Law

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No concept in Indian trademark law is more frequently litigated, more extensively analyzed in judicial decisions or more consequential in its practical application than deceptive similarity. It is the standard by which the Trade Marks Registry determines whether a pending application conflicts with an earlier registration, the criterion by which courts assess whether an allegedly […]

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Trade Dress and Product Shape

Trade Dress and Product Shape as Trademark in India

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Among the most commercially significant and doctrinally complex questions in contemporary Indian trademark law is the extent to which the visual and physical appearance of a product or its packaging its trade dress can be protected as a trademark. In a marketplace saturated with competing products, the overall commercial appearance of goods has become one

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Colgate Palmolive Company & Anr. vs. Anchor Health and Beauty Care Pvt. Ltd.

Colgate Palmolive Company & Anr. vs. Anchor Health and Beauty Care Pvt. Ltd.

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Delhi High Court | J.D. Kapoor J. | 29 October 2003 108 (2003) DLT 51 | 2003(27)PTC478(Del) Background Colgate Palmolive Company (Plaintiff No. 1), a US-incorporated multinational and its Indian subsidiary/licensee Colgate Palmolive (India) Ltd. (Plaintiff No. 2) had been manufacturing and selling tooth powder in India since 1951 in distinctively shaped cans bearing a

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Colour Marks, Sound Marks and Non-Traditional Trademarks in India

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The history of trademark law is, in significant part, a history of expanding frontiers. What began as a system designed to protect word marks and simple devices the merchant’s mark stamped on goods to identify their origin has evolved over centuries into a framework broad enough, in principle, to accommodate almost any sign capable of

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ITC Limited v. Philip Morris Products SA and Others

ITC Limited v. Philip Morris Products SA and Others

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High Court of Delhi | Justice S. Ravindra Bhat | 7 January 2010 I.A. Nos. 12940/2009, 12941/2009 & 12942/2009 in CS(OS) 1894/2009   BACKGROUND The plaintiff, ITC Limited, is described in the pleadings as one of India’s largest private sector companies with an annual turnover of Rs. 23,144 crores, engaged in diverse businesses including hotels,

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Trademark Licensing and Registered User Agreements under the Trade Marks Act, 1999

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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

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