Bombay High Court | October 10, 1995 | Appeal from Order Nos. 1152, 1153 & 1154 of 1994 AIR 1996 Bom 149 Background The Kirloskar Group of Companies is one of India’s most storied industrial conglomerates, tracing its origins to 1888 when Laxmanrao Kashinath Kirloskar began a bicycle repair business in Belgaum. By 1920, the
Kirloskar Diesel Recon Pvt. Ltd. & Ors. vs. Kirloskar Proprietary Ltd. & Ors. 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 »
Supreme Court of India | September 8, 1969 | Civil Appeal No. 1274 of 1966 V. Ramaswami & J.C. Shah, JJ. Background Ruston & Hornsby Ltd., a company incorporated in England with its registered office at Lincoln, is engaged in the manufacture and sale of diesel internal combustion engines and their parts. Its Indian subsidiary,
Ruston & Hornsby Ltd. v. The Zamindara Engineering Co. Read More »
Supreme Court of India | May 18, 2007 | Civil Appeal No. 2756 of 2007 B.P. Singh & Harjit Singh Bedi, JJ. Background The trademark “Glucon-D” was originally registered in India in 1975 in the name of Glaxo Laboratories (Class 30 under the Trade and Merchandise Marks Act, 1958), though Glaxo had been using the
Every trademark right in India passes through a single institutional gateway: the Trade Marks Registry. It is the administrative body that receives applications, conducts examination, publishes marks for opposition, grants registration, maintains the official register, and adjudicates a wide range of inter partes proceedings. Without the Registry, the statutory scheme of trademark protection under the
The Role of the Trade Marks Registry – Structure, Functions and Jurisdiction Read More »
Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar to each other. The resolution of this question governs whether a trademark application will be accepted or rejected by the Registrar, whether an opposition proceeding will succeed or fail, and whether an
Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law Read More »
Court: Supreme Court of India Case No.: Civil Appeal (arising from Trade Mark Application proceedings) Decided on: 8 October 1959 Bench: Justice A.K. Sarkar, Justice J.L. Kapur, Justice S.K. Das Citation: AIR 1960 SC 142; (1960) 62 Bom LR 162; [1960] 1 SCR 968 Background The appellant, Corn Products Refining Co., was a corporation incorporated
Corn Products Refining Co. v. Shangrila Food Products Ltd. Read More »
Court: Supreme Court of India Case No.: Civil Appeal No. 3028 of 2004 Decided on: 6 May 2004 Bench: Justice Ruma Pal & Justice P. Venkatarama Reddi Judgment authored by: Justice Ruma Pal Citation: (2004) 6 SCC 145; AIR 2004 SC 3540 Background The appellant, Satyam Infoway Ltd., incorporated in 1995, registered several domain names
Satyam Infoway Ltd. v. Siffynet Solutions Pvt. Ltd. Read More »
In the architecture of trademark law, not all marks occupy the same position. Most marks perform a single function – they identify the source of goods or services and distinguish one trader’s products from another’s. Well-known trademarks do something more. Through sustained use, investment and public recognition, they transcend their original commercial context and become