The Trademarks Registry of India, which was established in 1940, administers the Trademarks Act, 1999, as well as the rules made thereunder. Furthermore, it serves as a facilitator in matters relating to trademarks in the country, as well as managing information on the subject.

The trademark authority registers trademarks applied for in a country, protects trademarks for goods and services, and prevents the fraudulent use of trademarks.

The Opposition and Cancellation of Trademarks

We can act as your representatives before the Trademark Officer/ Intellectual Property Appellate Board if you need to oppose a trademark application filed by a competitor or third party.

We can initiate cancellation proceedings to expunge unused trademark registrations from the Indian Trademarks Register in order to enable you to expand your own trademark portfolio. It is our responsibility to assist you in establishing evidence of use of your registered trademark or to argue special circumstances excusing non-use in order to maintain your trademark registration when cancellation proceedings have been initiated against you.

Trademark Licensing

In order to ensure that trademark owners have adequate control over the licensee’s use of the mark, we draft licenses of trademark rights between trademark owners and licensees. The use of trademarks by third parties requires a trademark license in order to preserve the distinctiveness of the trademark.

Opinions on trademark infringement and validity, as well as cease and desist letters

We provide opinions regarding infringement, passing off, and validity issues regarding all types of trademark rights in India. Our firm has also developed a great deal of expertise in preparing and responding to cease-and-desist letters concerning trademark infringement and passing off.

Defending and enforcing trademarks

In addition to trademark infringement and passing off actions, counterfeiting, and cybersquatting, we represent clients in all types of Indian trademark disputes.

January 2023
Delhi High Court sets aside registration of ‘Swiss Military’ trademark by private company
The Delhi High Court has set aside the registration of ‘Swiss Military’ and the logo by a private company called Promoshirts SM. The HC has held that a red cross with white background and the words ‘Swiss Military’ serve as a source identifier for the goods of Swiss Origin for the public.
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January 2023
Return of iconic Yezdi motorcycle hits legal hurdle, Karnataka HC cancels trademark acquisition by heir of original maker
The return of ‘Yezdi’, an iconic Indian motorcycle from the 1970s, has suffered a legal setback with the Karnataka High Court ruling as illegal the acquisition of the ‘Yezdi’ trademark by a member of the family of the original owners — Ideal Jawa (India) Pvt Ltd — which went into liquidation two decades ago.
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December 2022
India to seek IPR waiver for green energy tech at G20
India is planning to push for a waiver of intellectual property rights (IPR) for technologies related to green energy and energy transition in a bid to bridge the technology gap across G20 countries, two officials aware of the matter said. India took over presidency of the grouping earlier this month.
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News & Events

Blogs

Breaking News: Toyota Loses Trademark Battle over Prius at Indian Supreme Court

The plaintiff, in this case, is Toyota Jidosha Kabushiki Kaisha and they seek to prevent the defendant, a spare parts supplier by the name M/S Prius Auto Industries Limited, from the usage of the trademarks- “Toyota”, “Innova”, and “Prius”. According to the finding of the court, two of the three trademarks mentioned, namely Toyota and […]

Why Intellectual Property Rights

Intellectual property rights create a situation in which the inventor or the creator enjoys full ownership and rights to commercial exploitation of his creation while everyone else is excluded. The justification is that such a creation, if it has material value, must benefit the creator while preventing others who would otherwise commercially exploit the concept […]

An Overview of Copyright

WIPO defines copyright as the right of creators to ownership of their creations and to make use for commercial or other purposes. Copyright today covers literary creations, printed material, computer programs, data, audiovisual media, dance, paintings and drawings, photographs, sculpture, architecture, ad material, technical drawings and others that are the outcome of intellectual effort. From […]

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