While it is of paramount importance for trade mark owners to enforce their trademark rights, ensuring that these owners do not cross-over the bridge to abusive enforcement has as much gravitas. Very often, threats of infringement proceedings are used by large companies as a means to intimidate smaller ones, who, for time and/or lack of […]

It is now possible for trademark and design infringement to be alleged in a single lawsuit. A five-judge bench of the Delhi High Court reaffirmed this no-brainer last month in Carlsberg Breweries v. Som Distilleries and Breweries (Decision dated 14.12.2018 in CS(COMM) 690/2018). However, the path to this common-sense ruling is rife with five years […]

This post discusses the registrability of letter marks in India, and provides helpful tips to overcome common objections against their registration. Single letter marks, in India, are generally considered devoid of distinctive character for goods because of the tendency in trade to use letters as references. For instances, care should be taken to avoid filing […]