Trade Marks Act

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Royally Challenged or Legally Sound? Examining Trademark Law through RCB v. Uber India

In the vibrant world of cricket, a sport intricately linked to the country’s cultural tapestry, fan banter — whether between individuals or Corporates — is not merely accepted; it is cherished. Yet, there lies a fine line between good-natured ribbing and the realms of trademark infringement or disparagement. When does humorous exchange tip over into the perilous territory of legal breach? This very question was at the heart of a recent Delhi High Court case, Royal Challengers Sports Private Limited v. Uber India Systems Private Limited & Ors., which saw the popular IPL franchise Royal Challengers Bengaluru (RCB) clashing off-field with ride-hailing giant Uber India.[1]Continue Reading Royally Challenged or Legally Sound? Examining Trademark Law through RCB v. Uber India

Procedural Fairness and Service Errors: Lessons from the Coaster Shoes Trademark Dispute

In a significant legal development, the Bombay High Court recently addressed crucial issues surrounding trademark opposition proceedings in Coaster Shoes Company Pvt. Ltd. v. Registrar of Trademarks & Anr vide a judgment dated August 16, 2024. The Court highlighted the importance of procedural fairness and the responsibility of the Registrar of Trade Marks (“Registrar”) to ensure completeness of service in trademark disputes.Continue Reading Procedural Fairness and Service Errors: Lessons from the Coaster Shoes Trademark Dispute

Summary of the Draft Trade Marks (1st Amendment) Rules, 2024

The Draft Trade Marks (1st Amendment) Rules, 2024, introduced by the Department for Promotion of Industry and Internal Trade under the Ministry of Commerce and Industry, represent a strategic modification to the Trade Marks Rules, 2017. This regulatory endeavor is conducted under the delegated powers provided for in Section 157[1] of the Trade Marks Act, 1999 (“the Act”). These rules create a unified adjudication process which is carefully planned to ensure consistency. This effectively streamlines the Act’s execution by strengthening the Adjudicating Officer’s capabilities. The aim of this comprehensive approach is to optimise and refine the adjudicative framework, thereby fostering a more robust and coherent administration of trademark-related matters.Continue Reading Summary of the Draft Trade Marks (1st Amendment) Rules, 2024