Law: Trademarks Act 1999 (India)

Featured in Anti-counterfeiting and Online Brand Enforcement: Global Guide 2024

An uptick in fraudulent domain-name cases necessitates a sophisticated investigation strategy and courts are actively looking into digital platform compliance to curb this surge. Meanwhile, although enforcement at the border is robust, rights holders must remain in constant communication with India’s customs authorities. 

24 June 2024

The recognition of a mark as well known does not give an automatic right to its owner to apply for rectification of other marks that have subsisted on the register for several years. 

05 June 2024

The burden of proving trademark infringement is lighter in cases involving medicinal drugs - especially Schedule-H drugs, which can be sold only by medical prescription. 

03 June 2024

Section 35 of the Trademarks Act prohibited the plaintiff from interfering with the defendants’ use of their own mark, provided that such use was in good faith.

23 May 2024

The High Court of Calcutta has clarified when common words can be used as registered trademarks. The dispute between two paint companies illustrates how use of regular words by other industry players can impact a business’s exclusive trademark rights.

29 February 2024

The organising body of the Barclays Premier League - the top tier of English football - has scored a victory in India, with the court confirming that Premier SPG and WVG Mills did not have a monopoly over the word ‘Premier’.

12 February 2024