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).
Continue reading “Descriptive Use as a Defense to Trademark Infringement in India”Category: Trademark
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.
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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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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”Honoring Excellence: A Letter of Appreciation from Kurkshetra University
We are proud to share that our esteemed client, Kurkshetra University, has recently recognized the hard work and dedication of our Managing Founder – Dr. Ramesh Kr. Mehta, with a heartfelt letter of appreciation. His exceptional contributions in developing and building a robust Intellectual Property Rights (IPR) portfolio have been instrumental in shaping the innovative strategies that define our firm.
Continue reading “Honoring Excellence: A Letter of Appreciation from Kurkshetra University”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,
Announcement – Recognition by ‘WIPR Leaders 2021’!
We are pleased to share that members of Mehta & Mehta Associates (MehtaIP) – Ankush Mehta and Abhilasha Niroola have been named in the 2021 edition of WIPR Leaders. Profiling the leading IP practitioners from around the world, WIPR Leaders consists of a directory of entrants. All Leaders were chosen after a four month nomination process, in which WIPR sought views from 12,000 IP professionals.
Continue reading “Announcement – Recognition by ‘WIPR Leaders 2021’!”With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court
The President of India has promulgated the Tribunals Reforms (Rationalisation and Conditions of Service) Ordinance, 2021 on 04 April 2021 (“Ordinance”). The Ordinance has been brought to effect immediately.
In the context of Intellectual Property Laws, the present Ordinance has omitted references to “the Appellate Board” and substituted the same with the words “High Court” as applicable under the following statues:
Continue reading “With the Tribunal Reforms Ordinance of 2021, Appellate Boards for IP matters have been replaced by High Court”Absolute extension of deadlines in view of COVID-19 withdrawn – Deadlines are effective from 15 March 2021
The Hon’ble Supreme Court of India had previously by their order dated 27 March 2020 had extended all deadlines for legal matters since 15 March 2020 till further order. Now, in view of changing scenario with regards to COVID19 in India, the Hon’ble Court via their order dated 08 March 2021 has now decided to end absolute extension of legal deadlines.
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