Kerala High Court | C.M.A. No. 329 of 1995 | 27 February 1996 | T.V. Ramakrishnan, J. Background The original drama at the centre of this dispute is Ningal Enne Communistakki (“Who Made You a Communist?”), written in 1952 by the celebrated Malayalam playwright Thoppil Bhasi while he was living in political hiding as an […]
Civic Chandran & Others v. C. Ammini Amma & Others 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 grant of a patent is not an automatic entitlement that follows from novelty or inventive step alone. Before any invention can be examined on those standard criteria, it must first clear a foundational threshold: it must constitute a patentable subject matter under Indian law. The Patents Act, 1970 draws this threshold with deliberate precision
Non-Patentable Subject Matter in India: A Complete Guide to Section 3 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
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Supreme Court of India | April 26, 1990 | 1990 Supp (1) SCC 727 M.N. Venkatachaliah, N.D. Ojha & J.S. Verma, JJ. Background Wander Ltd. was the registered proprietor of the trademark “Cal-De-Ce” in respect of vitaminsed Calcium Gluconate Tablets. In March 1986, Wander Ltd. entered into a manufacturing agreement with Antox India (P) Ltd.,
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
Compulsory licensing under The Patents Act, 1970 represents one of the most carefully calibrated intersections between private intellectual property rights and the constitutional commitment to public welfare. The Act makes it clear that patents are not granted as absolute monopolies insulated from social accountability. Instead, they are conditional statutory privileges, conferred subject to compliance with
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
In contemporary commerce, a trademark is not confined to its defensive function of preventing misuse. It is an active commercial asset – bought, sold, licensed, pledged, securitized, franchised, and monetized across jurisdictions. The true commercial maturity of trademark law lies not merely in its enforcement provisions but in its recognition that goodwill is transferable property.
In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity. As markets globalize and digital platforms compress geographic boundaries, the function of a trademark has evolved from a simple identifier to a strategic business asset. Yet, the true
Passing Off and Infringement under the Trade Marks Act, 1999 Read More »
