Posts and Updates

Are invoices required to prove prior use claims in trademark applications in India?

A prior use claim inserted in a trademark application in India needs to be supported with an Affidavit along with supporting evidence. However, does the law mandatorily require invoices to be submitted to prove a prior use claim? According, to the Trade Marks Act, 1999 and the Trade Marks Rules, 2017, the answer is – […]

New Open House Portal launched by the Indian IPO

The Indian IP Office recently launched an Open House Portal to help IP applicants and stakeholders submit grievance before the relevant IP Offices. The portal allows users to raise grievances pertaining to a variety of issues, including those pertaining to e-filing, making payments and existing IP filings. Once a grievance is lodged through the portal, […]

What is the appropriate IP law for protecting names and titles in India?

We are often asked, “How do I copyright my name?” The answer is, names (whether personal or business) and titles (of movies, songs, books, etc.) are protected under the trademark law and not the copyright law. The jurisprudence behind this was very aptly explained by the Supreme Court of India in the case of Krishika Lulla […]

Can interim relief be granted if a suit is stayed in light of a pending rectification action?

The short answer is – yes. As per Section 124 of the Trade Marks Act, 1999, when rectification proceedings are pending, the suit has to be stayed, pending final disposal of the rectification proceedings. However, as per sub-section (5), a stay cannot preclude the Court from making any interlocutory order (including any issuing any order […]

Indian government explores decriminalizing minor IP offences and rationalizing monetary penalties

The Lok Sabha has passed the Jan Vishwas (Amendment of Provisions) Bill, 2023 to promote ease of living and ease of doing business in the country by decriminalizing minor offences and rationalizing monetary penalties on the basis of the gravity of the offence. The Bill covers 42 Central Acts, including the Trade Marks Act, 1999, […]

DPIIT re-iterates music licenses are not required for wedding festivities

Many wedding venues in India illegally require their patrons to purchase licenses from copyright societies for music to be played in marriage related functions, such as wedding and cocktail events. If licenses are not purchased for such functions, venues refuse to play music. While Section 52 of the Copyright Act, 1957 clearly specifies that unlicensed […]

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