What is the forum in India to file patent invalidity proceedings? The patent invalidity proceedings can be filed at the Patent Office in Mumbai, Delhi, Kolkata, and Chennai based on the office that granted the patent. However, if the defendant seeks to challenge the patent’s validity during an infringement action, the action must be transferred…
This post covers a recent judgement of the Delhi High Court titled ‘KEI Industries Limited vs. Raman Kwatra & Anr.’ that focuses upon the issue- whether honest and concurrent use can be asserted as a defence against trademark infringement. The Plaintiff (KEI Industries) filed the suit against the Defendants alleging trademark infringement against use of…
Ms Suvarna Pandey, Associate Partner, delivered a talk on “Patentability of Research and Valuation.” She spoke on how we can protect our research and evaluate its market value under the patent head. Mr Ajay Kumar, Managing Associate, informed about trademarks filling and prosecution in India. He shared his trademark handling knowledge with the participants. The…
Ms Suvarna Pandey and Mr. Chandan Kumar were invited as speakers by Delhi Technological University for the workshop on ‘Intellectual Property Rights and IP Management for start ups’, scheduled on Thursday 28th April 2022. They addressed the faculties and students of the Software engineering department on the topic “Patentability of Inventions” and focused on the…
To attract investment from companies and IP holders to manufacture and distribute their products in India and to assure brand owners that their rights are safeguarded, the Indian government has taken several steps to streamline enforcement procedures. The setting up of commercial courts to deal with IP disputes and, recently, establishing the IP Division at…
Google AdWords Program (now known as Google Ads) is a cause for consternation among brand owners. The keywords offered by Google as part of the Google Ads program, on which advertisers can bid, includes trademarks. As a result, the trademark owners and their competitors can bid for the keywords linked to the Google search algorithm…
An engaging tussle between two well-known entities operating in the electrical consumer goods industry over the word ‘Pebble’ being used as a sub-brand has reached the Delhi High Court. V-Guard Industries Ltd (V-Guard) filed the suit alleging trademark infringement, passing off, etc., against Crompton Greaves Consumer Electricals Limited (Crompton), seeking an injunction from using the…
In DHL International GmbH v DLH Express Services Private Ltd (22 April 2022), the IP Division of the Delhi High Court has not only restrained the use of a deceptively similar mark and logo, but also declared DHL to be a well-known mark. The conflicting marks are depicted below: Background DHL asserted rights in the trademark and…
