For long, India suffered from an Intellectual Property office mired in inefficiency and inordinate delays in prosecution of trademarks with right holders having to wait for close to seven (7) to eight (8) years for a registration. The problems on the post registration recordals and oppositions was in dire straits as well with oppositions taking...
Many multi-national companies have a complex corporate structure that often involves local Indian subsidiaries and a foreign parent, with trade mark ownership resting with the parent. In such a situation, must the foreign parent assign its Indian marks to the local subsidiary and must the subsidiary be impleaded as a co-plaintiff in a suit brought...
Over the years, the Delhi High Court has come to be recognized as the most preferred court in India for filing trade mark suits, primarily because of judges who have exposure to, and understand, nuances of the applicable law. Generally viewed as pro-plaintiff, in recent times, this view appears to be changing, in particular because...
An infringing competitor is a bane. However, in a suit for injunction, an infringing non-competitor could be the greater annoyance. The likelihood of succeeding against such non-competitors has as much to do with the ownership of strong copyright and trademark claims, as it has to do with creative lawyering. If infringed, copyright ownership can even...
A registered trademark is the exclusive property of its owner, and its use by a third-party without the permission of the owner is an infringement of the rights of the trademark owner. However, this is not a blanket rule. There may be instances in which unauthorized use may not constitute trade mark infringement. In particular,...
Designs Under the law of designs in India, only the features of shape, configuration, pattern, ornament or composition of lines or colours, applied to an article, in either two-dimensional or three-dimensional or both forms, are eligible for protection. Rights in a design accrue only on registration, which confers on its proprietor the exclusive right to...
In a not-so-puzzling case of an unauthorized use of a trade mark as a film title, Justice G. S. Patel of the Bombay High Court restrained film maker Mahesh V. Manjrekar and others from releasing/ continuing to work on their forthcoming Marathi film bearing the title ‘Rubik’s Cube’ set to release on April 14, 2017....
On March 6, 2017, the Government of India (“GOI”) announced new rules governing trade mark practice. These rules are effective with immediate effect. Set out below is a summary of changes brought about by the new rules. Fee Increase: The filing and processing fees have been increased. Online filings will cost less compared to paper...
This post examines trends emerging from the Delhi High Courts’ decisions of 2016 on the subject of territorial jurisdictions in trade mark and copyright matters, and analyses what complainants should do to avoid an outright rejection of the suit for a lack of territorial jurisdiction. The surest way to fulfill the Delhi High Court’s territorial...
This post examines trends emerging from the Delhi High Courts’ decisions of 2016 on the subject of territorial jurisdictions in trade mark and copyright matters, and analyses what complainants should do to avoid an outright rejection of the suit for a lack of territorial jurisdiction. The surest way to fulfill the Delhi High Court’s territorial...
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