India's Trademark Overhaul: Rules Are Not Enough

Introduction

With India now ranked in the global top 10 for all three major categories of intellectual property rights (patents, designs, and trademarks), according to the World Intellectual Property Indicators (WIPI) (https://www.pib.gov.in/PressReleasePage.aspx?PRID=2072706), it follows that the Government of India – and specifically, the Department of Promotion of Industry and Internal Trade (DPIIT) – must double up its efforts at streamlining IP prosecution, and making processes more efficient and effective for all. In the trademark space, particularly, even small changes can dramatically alter the experience for stakeholders.

While problems abound, the largest elephant in the room is arguably delays. These delays are across the board, in examination, opposition matters, and the appointment of show cause hearings, and impact everyone, including applicants, attorneys, and even in-house legal teams. This backlog is not new but has certainly compounded over the