Indian IP Office Annual Report 2017 – Calls for Celebration!

The Office of the Controller General of Patents, Designs, Trademarks and Geographical Indications (Patent and Trademark Office) issued annual report for the year 2016-2017 analysing how the office has performed and listing out important achievement. The report is not only content reach but also aesthetically attractive compared to the reports of earlier years. Further, it…


The rise of licensing in India

Advancements in technology and expanding marketplaces have been key to successful licensing programmes in India over recent years. Local trademark owners and licensees should now follow in the footsteps of international brands and adopt licensing as a core revenue stream Over the past 10 years, brand consciousness has grown significantly in India, with companies using…


Protecting trade secrets in India

With recent advances in technology, as well as the ease of sharing, copying and storing information in the digital world, one of the biggest challenges that businesses face is the protection of their confidential business information. This information can include business strategies, proposals, client databases and information, compilations, designs, programmes, drawings, devices, formulae or compositions….


Changing Landscape – Territoriality vs. Universality

Introduction In the context of trademarks, it has often been debated, if a brand name is territorial with reputation restricted to the country where it is registered and used or the reputation can spill over into the territory outside of its use. The question becomes pertinent considering social media and digital applications have made it…


MakeMyTrip accused of stifling competition; injunction in its favour set aside

In Makemytrip (India) Private Limited v Orbit Corporate Leisure Travels (I) Private Limited, a travel company, MakeMyTrip (India) Private Limited, sought to restrain use of the mark GETMYTRIP on the basis of its registered rights in the mark MAKEMYTRIP. At the time of admission of the suit, an ex parte interiminjunction was granted by the…


Top tips for trademark registration

The Trademarks Registry has implemented various changes to enhance the trademark filing system in India. An efficient registration strategy should help rights holders to reap the benefits of these updates Until recently, the Indian Trademarks Registry often featured in the news for the wrong reasons, coming under fire for the slow progress of cases, loss…


A guide to protecting geographical indications in India

Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries. Most commonly, a GI includes the name of the place of origin of the goods e.g. Ceylon tea (from Sri Lanka), Champagne (sparkling wine for France), Havana cigars (tobacco from Havana), Bukhara (carpets from Uzbekistan)….


No Novelty in crocs clog shoe Design

M/s Crocs Inc. (Crocs) brought Design Infringement action against seven local manufacturers, M/s Liberty Shoes Ltd, M/s Relaxo Footwear & Anr. Ltd., Bioworld Merchandising India Ltd., M/s Bata India Ltd & Ors., M/s Action Shoes Pvt. Ltd. & Ors., Aqualite India Limited & Anr., Kidz Palace & Ors., for copying their design registered under nos….


The working of a “working statement”

In our previous post, we had reported a dramatic development in a public interest petition pending before the Delhi High Court, bringing to the court’s attention that working statements required to be filed by the Patentees and licensees (every year on or before 31st March) are either not being filed or complete information is not…


The perils of adopting and enforcing a generic mark

The Delhi High Court by its recent order set aside an ex-parte injunction that it granted seven years back and which continued until the matter was set down for arguments. The Court order has once again stressed the inherent difficulties in enforcing a generic mark. The Court was adjudicating an injunction application filed by the…