Registering trademarks enables brand owners to stop others from using their trademarks and to prevent public confusion about the source of goods or services. However, certain exceptions permit the use of another’s trademark to describe the user’s products or services (as illustrated in Section 30 of the Trade Marks Act, 1999: Limits on the effect of a registered trade mark).
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Simplicity Is No Bar: Delhi HC on Inventive Step and Amendments
The Delhi High Court in Dong Yang PC, Inc. v. Controller of Patents & Designs [C.A. (COMM.IPD-PAT) 60/2024], on 1 July 2025, considered an appeal under Section 117A against a Section 15 refusal of 2554/DEL/2013 (“Vertical Rotary Parking System”). A pre-grant opposition filed against the application had cited documents D-1 to D-4, and shortly before the hearing, an additional prior art document, D-5, was introduced. In response, the applicant filed Form-13 seeking to amend the application in reliance on Sections 57-59. The Controller, however, rejected the proposed amendments and refused the application on the ground that the claimed invention lacked inventive step under Section 2(1)(ja), describing the claimed features as no more than a “mere workshop modification.”
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Delhi High Court upholds refusal under Section 3(k) but sets aside Section 59 objection
The Delhi High Court in Kroll Information Assurance, LLC v. Controller General of Patents, Designs & Trade Marks upheld refusal under Section 3(k) but set aside the Section 59 objection.
In the present case, the Court considered an appeal under Section 117A from a refusal of Indian Patent Application No. 8100/DELNP/2007 (by order dated 25 June 2019) titled “A System, Method and Apparatus to locate at least one type of person, via a peer-to-peer network.” The prosecution history included objections under Section 2(1)(j)/2(1)(ja), Section 10(4)(c), Section 3(b), and Section 3(k), with a hearing-stage objection to amendments under Section 59/Section 57; the Controller ultimately refused under Section 59, Section 2(1)(j), and Section 3(k).
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Celebrating 20 Years of Excellence in IP Protection!
As we mark two decades of dedicated service in intellectual property law, we extend our heartfelt gratitude to our clients, partners, and team members who have been part of this journey.
Continue reading “Celebrating 20 Years of Excellence in IP Protection!”Legal500 recognises MehtaIP and Dr. Mehta Among Best
We are thrilled to announce that Mehta & Mehta Associates [MehtaIP] has been ranked by Legal500 as one of the leading intellectual property law firms for 2025!
In addition, our founder, Dr. Ramesh Kr. Mehta, has been recognized as a Leading Partner in the industry for his exceptional expertise and dedication to IP law. This acknowledgment reflects his commitment to excellence and the continued growth of our firm.
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Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use
The Delhi High Court granted a permanent injunction and monetary damages against the defendants in Adidas AG (plaintiff) v. Keshav H. Tulsiani & Ors (defendants) [CS (COMM) 582/2018], restraining them from manufacturing, selling, marketing, or trading textile goods under ADIDAS marks or any other deceptively similar marks.
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World Intellectual Property Indicators 2024 places India in global top 10 for patents, trademarks and industrial designs
On 12 November 2024, India’s Press Information Bureau reported key outcomes from WIPO’s World Intellectual Property Indicators 2024, confirming India’s position among the global top 10 across patents, trademarks and industrial designs. In patents, India posted the fastest year-on-year growth among the top 20 origins in 2023 (+15.7%), totaling 64,480 applications with a resident share of 55.2%, and a 149.4% year-on-year increase in patent grants. Industrial design applications rose by 36.4%. In trademarks, India ranked fourth globally for filings; the Indian trademark office holds the second-largest number of active registrations worldwide (over 3.2 million), with resident filings accounting for nearly 90%.
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Indian Patent Office FAQs: Working Statement Deadlines Explained
The Indian Patent Office has issued Frequently Asked Questions [FAQs] on 26th August 2024, clarifying working statement deadlines under Amendment of Patent Rules of India which came to force on 15th March 2024. For your immediate reference and records, we are enclosing copy of the FAQs.
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Delhi High Court finds ‘WOW’ in the Plaintiff’s case, grants ex parte ad interim injunction against Wow Punjabi
In the matter of Wow Momo Foods Private Limited (Plaintiff) v Wow Punjabi (Defendant) (CS(COMM) 253/2024), the Delhi High Court, vide its order dated 22 March 2024, held that “this Court is satisfied that plaintiff has made out a prima facie case for grant of an ex parte ad interim injunction till the next date of hearing. Balance of convenience lies in favour of plaintiff and plaintiff is likely to suffer irreparable harm in case the injunction, as prayed for, is not granted.”
Continue reading “Delhi High Court finds ‘WOW’ in the Plaintiff’s case, grants ex parte ad interim injunction against Wow Punjabi”The Court finds trademark ‘GK WELLNESS’ in contradiction to law & infringing ‘GK HAIR’
The Delhi High Court, on 26 December 26 2023, in Van Tibolli & Anr. (‘Plaintiff(s)’) v. K. Srinivas Rao & Anr. (‘Defendant(s)’) [CS(COMM) 339/2021 & I.A. 8970/20;21] restrained the Defendants, pending disposal of the present suit, from using the mark “GK WELLNESS” in any form, including the logos,
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