Indian trademark law allows for the cancellation of a trademark registration if, for a continuous period of five years and three months from the date on which the mark was entered into the Trade Marks Register, there has been no bona fide use of the trademark for the goods/ services covered by the registration. Courts […]

In 2013, India’s Supreme Court in Shreya Singhal v. Union of India, (2013) 12 SCC 73 caused many online marketplaces in the country to disregard complaints of infringement on such marketplaces.  This post discusses how the scenario might be changing. Online marketplaces in India celebrated the Supreme Court’s 2013 decision requiring them to act on […]

This post is the first of a two-part series on certification trademarks in India. A certification trademark is “a mark capable of distinguishing the goods or services in connection with which it is used in the course of trade which are certified by the proprietor of the mark in respect of origin, material, mode of […]

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, […]

A recent judgment of the Delhi High Court involving a photocopying shop operating in the prestigious Delhi University’s campus is expected to have far reaching consequences in the field of copyright law in India. The judgment is the result of a 2012 suit that was filed by various publishers, including Oxford University Press, Cambridge University […]

Filing a trade mark application in India should be simple, right? Wrong. Consulting with a specialist is a good idea because there are many nuances to an application in India and ignorance regarding these nuances could cost you heavy. 1. Which is the appropriate application? Currently it is possible to file twelve (12) different types […]