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We live in a scientific and technological world that is vastly different from the world of a hundred years ago.

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 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.

The product patent regime in India fulfilled a long standing need of the pioneer drug makers across the world wanting to market their drugs in India but at the same time forced the generic drug makers to stop their activities.

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.

An interesting question of law involving the interpretation of section 11-B (1) and (4) of the Patent Act, 1970 (hereinafter the Act) came up to be decided in a writ petition filed by Nippon Steel Corporation (Nippon Steel Corporation vs. UOI WP(C) 801 of 2011). Facts in brief are as follows –

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.

In the case of "Jain Electronics v Cobra Cables P. Ltd & Ors", aggrieved by the order of the Intellectual Property Board (IPAB) which dismissed his appeal against an order passed by the Deputy Registrar of Trade Marks, who rejected his application for registration of the trade mark "COBRA", the Petitioner (Jain Electronics) appealed before the High Court in Delhi challenging the aforementioned Orders.

The foundation of ‘Rules’ is presumed to be dependent on the statute and the main objective of ‘Rules’ is to provide ways to implement the substantive law. But at times, there emerges conflict between the substantive law and the procedural law.

The Intellectual Property Appellate Board recently removed a trade mark that was deceptively similar to KHYBER RESTAURANT (stylized) in a trade mark rectification filed by partnership firm Khyber Restaurants, Mumbai in a case titled Sudheer Bahl V Khyber Restaurant & Anr ORS/119/2011/TM/AMD.

One of the well-known principles of equity is -Law supports the vigilant and not the indolent. How important is vigilance on the part of the proprietor of an infringed trademark in getting relief in the action for infringement/ passing off? This article is an analysis of the recent case laws (limited to the year 2005) on extent and the circumstances under which the delay would be fatal to an action for infringement or passing off under the Act. In an action for infringement, it is commonplace fo

The Commercial Courts Act was enacted in 2015 to improve efficiency and reduce delays in deciding commercial cases. In the course of three years, by way of an amendment to the Commercial Courts...

The ownership of a trademark as a general rule vests in the person, who puts the mark on the product.

The demand for ESG investing has been on the rise across the world in the last five years primarily since investors are becoming increasingly aware of the fact that ESG issues, such as climate change, have a real impact on ...

Pursuant to the suggestions made by the inter-ministerial committee on data protection headed by Satwant Reddy, former chemicals secretary, the ministries of health and agriculture, in a recent meeting, decided to initiate action to bring amendments inserting data protection clauses in the Drugs and Cosmetics Act, 1940 and Insecticides Act, 1968