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The Supreme Court of India (Supreme Court), giving credence to the ‘first in the market' test

The establishment of prior user of a mark is an important strategy in defending infringement actions where the mark and the goods covered are identical as well as in trademark prosecution stages.

Recently, the doctrine of prosecution history estoppel, which finds its roots in patent infringement proceedings, has been seeing frequent application in trade mark infringement proceedings as well.

The Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM), Mumbai in Trade Marks Journal No. 2090 has issued a Public Notice dated February 06, 2023...

One of the major strategies of the misusers is to adopt famous/well known marks as a part of their trading style/corporate name. Obviously, the intention is to choose a name that is easy to recollect and gives the impression of being associated with a well-known company.

The Trademark battle often runs into taking the shape of a suit for infringement, deception, claim of being a prior user, so on and so forth.

In a significant legal development, Pidilite Industries, a prominent manufacturer of adhesives and industrial chemicals, secured an injunction against Rang Rasayan Pvt Ltd and other parties...

Over the years, laws relating to Intellectual Property Rights in India have witnessed rapid growth and significant development.

A suit filed under Order 39 Rule 1 and 2 and Order 39 Rule 4 of the Code of Civil Procedure, 1908, titled "Montblanc Simplo- GMBH v. New Delhi Stationery Mart" 2008(38) PTC 59, involved two corporations, debating over similarity in the commercial names appended to their products and the associated Trademark principles.

The legal wrangling over "Schezwan Chutney" between Capital Foods and Dabur has sparked a spicier legal tussle that calls into question certain peculiarities of branding...

The question whether two marks are deceptively similar is an important question which arises for consideration in connection with registration of trademarks. A trademark is said to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive or cause confusion [Section 2 (i) (h) of Trademarks Act, 1999].

Trademark has emerged as one of the vital instruments in generating business. Once the mark becomes associated with the business, it instills a substantial amount of goodwill to the business. It has become a prevalent practice that the business concerns adopt a trademark much before the actual initiation of business.

Trademark battles on the Indian turf has already generated an impressive precedent of case laws but the fight over the letter mark "FT" between The Financial Times UK and Bennett Coleman & Co. Ltd (BCCL) is a story of its own.

IPRS and Advance Magazine (collectively referred to as the plaintiffs) had filed suits for copyright infringement and trademark infringement, respectively, in the High Court of Delhi on the ground that they had a branch office in Delhi.

Red Bull AG is the proprietor of various highly distinctive ‘RED BULL' marks used on energy drinks, bottled water and other non-alcoholic beverages.

Anybody looking for commercial viability cannot ignore the facet of having a mark that speaks for itself. Infringement suits take place day in and day out to beat the vicious rival.

In a recent case, the Delhi High Court granted ad interim stay in favour of Glaxo Group Ltd & Anr (Plaintiff), thereby refraining Sunlife Sciences Pvt Ltd (Defendants) from manufacturing, selling and trading pharmaceutical preparations under the mark in question.