Trademark

Intellectual Property (IP) not only safeguards just ideas or concepts but protects genuine business assets that are integral to the core services of the business. Obtaining proper IP protection is critical and can make or break a business. The need to protect IP rights across borders has emerged as a significant issue....

Before applying for a company name in India, a stakeholder is required to ensure that the proposed name does not contain any word as prohibited under the Companies Act, 2013 (in Section 4(2) & (3)) read with the Companies (Incorporation) Rules, 2014 (Rule 8). This Rule 8 has been recently amended by the Ministry of Corporate Affairs (MCA), Government of India, by its notification of 10th May 2019, to clarify issues relating to undesirable and similar names of the companies. ...

The branding of a new drug by pharmaceutical companies is a crucial decision for the success of that drug in the market. However, the present regulatory regime in India does not provide any rules or guidelines for selecting a brand/ trade name for a pharmaceutical drug in India. Often, the absence of such guidelines leads to fly-by-night operators or smaller traders attempting to brand their products as closely as possible to the trademark of a reputed drug, even if they do not share characteristics or have the same active ingredient(s). This creates confusion amongst health professionals and pharmacists alike, which further has the potential to endanger the lives of patients and consumers....

The government of India is reportedly considering a proposal to once again introduce limits on the amount of royalty payable by Indian subsidiaries to their foreign parent firms for the use of trademarks and brand names, or for technical services. These limits were last applied in India nearly a decade ago. ...

Intellectual property lawsuits are often about obtaining interim relief in the form of injunctions against parties, sometimes without the court giving them an opportunity to be heard. Usually, the court considers factors of whether a prima facie case has been established, if balance of convenience lies in favour of the complaining party, and whether irreparable loss is likely to be caused if such relief is not granted. ...

Can an artwork that is under copyright be relied upon for obtaining trademark registration? The Delhi High Court recently disagreed, holding that copyright registration was “extraneous” to trademark registration, overturning a decision of the Intellectual Property Appellate Board (IPAB) in this regard....

A Special Bench of five judges of the Delhi High Court has held that had a composite suit in relation to the infringement of a registered design and passing off, where the parties are the same, is maintainable in a court of law. ...

Comparative advertisement and product disparagement are sensitive subjects to manufacturers of goods and services. Comparative advertising is a strategy used by companies to represent their product as superior in comparison to that of a competitor. When a comparative advertisement makes a comparison that is misleading and/ or derogatory, it crosses over into what is referred to as product disparagement. ...

Trademark owners in the food business, they will now have to introduce disclaimers when they use certain terms in their marks, brands or labels, so that consumers are not misled or deceived as to the nature of the products being sold, according to new regulations issued by India’s food regulator....