Can 2 separate entities be joint owners of a trademark in India?
2 separate entities which have joint interests in a mark can jointly own a trademark if they file the trademark application as joint owners. However, a registered mark which is in the name of 1 single entity cannot be assigned in a manner that causes the mark to be subsequently owned by 2 separate entities. […]
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 – […]
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 […]
