In a significant judgment, the Hon'ble Bombay High Court has set aside an order refusing Deepak Nitrite Limited's patent application, reiterating that patent refusals under Section 15 of the Patents Act must be supported by cogent reasoning, proper inventive step analysis, and identifiable evidence, particularly where the Controller relies on "common general knowledge." Background The petition concerned Patent Application No. 202021019409 titled "A Free-Flowing Food Grade Sod

Introduction In many instances, a cross-border distribution agreement can create an interesting trademark issue: A foreign manufacturer allows an Indian party to register and use the trademark in India and the Indian party develops goodwill based on such trademark registration and then the relationship goes sour between them. The question is then whether the rights of the first user of the mark overseas and who has continued to supply goods in India is superior to the rights

On July 6, dismissing the appeal filed by Intra-cellular Therapies , the Delhi High Court upheld the Controller's decision on the grounds of lack of novelty and non-patentability under Section 3(d) while choosing not to delve into the more rigorously contested inventive-step objection. Besides dealing with the controversial coverage/ disclosure dichotomy, the discussion focused on the “person in the know” versus the "person ordinarily skilled in the art" and the missing lin

Introduction Recently, in the case of Asian Paints Limited vs. Manju Rani Jindal1, the Bombay High Court discussed the issue of deceptive similarity between two marks. The Court granted a permanent injunction in favour of the Plaintiff, restraining the Defendant from manufacturing, marketing, selling and/or likely to market and sell and/or using in any manner whatsoever in relation to wall putty, cement paints and other goods used in the paint industry, the impugned mark “SUP

INTRODUCTION The increasing use of function-oriented product descriptors in the cosmetics and personal care industry has intensified the tension between commercial branding practices and the distinctiveness requirement under trademark law. While descriptive expressions may effectively communicate a product's purpose or characteristics, they ordinarily remain incapable of distinguishing commercial origin and are therefore excluded from trademark protection, as granting a monop

Every ace at Wimbledon and every goal in a FIFA tournament is worth far more than the excitement it brings to fans. Behind every live sporting event lies a multi-million-dollar ecosystem of broadcasting rights, with media companies investing heavily for the privilege of exclusive live coverage. Yet, within moments of the first whistle or serve, unauthorised streams begin appearing across rogue websites, IPTV platforms and mobile applications, reaching viewers around the world

Introduction A trademark applicant and a trademark plaintiff often want opposite things from the same mark. At the counter of the Registry, the safest route to registration is to present the mark as an indivisible composite- a label, a device, a word fused to a stylized get-up and to insist examiners and opponents judge it as a whole. The applicant usually plays down the ordinary, descriptive, or common features and asks for credit on the overall impression. Yet when that reg

Introduction In today’s commercial climate, a brand is rarely just a phonetic name, it is an entire visual get-up that speaks to the subconscious before a single word is actually processed. Typography i.e., the deliberate, often extensive arrangement, is the silent engine of this recognition. Whether it is specific letter spacing or a stylized stroke, these choices are the markers of a brand's DNA. In India, protecting these intellectual property assets requires navigating

Introduction Agreed on January 27, 2026 and being hailed as the “mother of all trade deals”, the India-EU Free Trade Agreement (“FTA” or “The Agreement”) is set to thrust India into a new trading era. Welcomed as a turning point in global trade, this deal aims to connect two of the most massive economic markets in the world. It is also likely to significantly impact intellectual property rights and laws in the regions. Without disrupting India’s existing legal framework, it i

Introduction For commercial brands, the race to secure a trademark is fought on two distinct fronts: at the registry desk and in the marketplace. Recently, the Delhi High Court has spotlighted this delicate balance in its ruling in Parle Products Pvt. Ltd. v. The Registrar of Trademarks & Anr.[1], and has reinforced that the rights of a senior adopter or the prior filer shall triumph over the rights of a subsequent user’s market evidence. This judgment underscores that eve