Descriptive Use as a Defense to Trademark Infringement in India

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”

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.”

Continue reading “Simplicity Is No Bar: Delhi HC on Inventive Step and Amendments”

Dr. Ramesh Kr. Mehta Speaks at NSIL-2025 on Academia-Industry Collaboration

Dr. Ramesh Kr. Mehta delivered an invited talk at the National Summit of Institutional Leaders (NSIL). The event was held at Doon University on March 1, 2025. He explained how Patenting by Academia will help in developing the Industry-Academia Collaboration.

Continue reading “Dr. Ramesh Kr. Mehta Speaks at NSIL-2025 on Academia-Industry Collaboration”

Akshay Mehta Invited to Judge the Philip C. Jessup International Moot Court Competition – India Round 2025

We are pleased to share that Akshay Mehta was invited by the Jessup Committee to judge the prestigious Philip C. Jessup International Moot Court Competition – India Round 2025. The competition was held from February 12-15, 2025, at The Amity Law School, Noida, India.

Continue reading “Akshay Mehta Invited to Judge the Philip C. Jessup International Moot Court Competition – India Round 2025”

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.

Continue reading “Legal500 recognises MehtaIP and Dr. Mehta Among Best”

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.

Continue reading “Delhi High Court Sides with ADIDAS in Dismissing Claim of Prior Use”

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%.

Continue reading “World Intellectual Property Indicators 2024 places India in global top 10 for patents, trademarks and industrial designs”

The Himachal Pradesh High Court becomes the 4th High Court in India to notify IPR Division Rules

The Himachal Pradesh High Court on 8 July 2024 notified its Intellectual Property Rights Division Rules, 2022. The official copy of the said rules can be viewed here Notified IP Rules

Continue reading “The Himachal Pradesh High Court becomes the 4th High Court in India to notify IPR Division Rules”

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”