When Silence Speaks: Can ‘Non-Use’ and ‘Digital Invisibility’ Kill a Trademark in the Age of Online Commerce?
In 2025, a strange phenomenon seems to follow India’s trademark register everywhere: there are thousands of registered trademarks that exist only on paper. They have registration certificates, occupy classes, and in theory, have exclusive rights, but consumers looking for them online will not find them. No website shows them. No market listing is there to […]
The Doctrine of Fair Use in Trademark Law
In the vast field of intellectual property, few ideas strike a balance between private rights and public freedom as gracefully as the doctrine of Fair Use. It serves as a reminder that trademark law, though designed to protect the reputation and goodwill of brand owners, must never be used to supress free expression. The Doctrine […]
Case Analysis On Anshul Vaish , Partner Rohit Wrapers V Hari Om And Co. And Anr.
The Delhi High Court’s through its recent landmark judgment Anshul Vaish v. Hari Om analysed the themes of trademark law pertaining to trademark rectification, deceptive similarity, linguistic deception and the principle of prior use. The dispute centered around the competing use of the mark “ROHIT” in the PVC pipes industry where the mark was used […]
AI-Generated Trademarks: Legal Ownership and Challenges in India
Artificial intelligence has a wide range of effects, including on intellectual property law. At best it leads to revolution, but at least it leads to survival. Concerning AI trademarks, you are faced with difficult and intricate moral and legal dilemmas. The rapidly evolving and fluid legal landscape is turning into a nightmare for legal and […]
Understanding Domain Names and Cybersquatting
A trademark is a graphical representation of a brand’s identity; it acts as a source identifier that distinguishes one trader’s goods or services from another’s. In the online world, domain names often embody trademarks. They act as identifiers, enabling consumers to associate a web address with a specific brand. For example, well-known domain names like […]
Trademarks and Metaverse
TRADEMARK A trademark is something that we encounter on a regular basis. It is the name given to a product or service. It is an indication of a trade organization’s or company’s quality and goodwill. A trademark allows a buyer to differentiate a certain commodity from other comparable goods on the market and to identify […]
COMPOSITE MARKS: TO DISSECT IT OR NOT
A trademark’s degree of registrability or its ability to sustain a suit or enforce a suit hinges upon the nature of the mark. Marks can range from being generic, descriptive, and suggestive to arbitrary and fanciful thereby shaping the strength of the mark. This varying degree of strength holds different implications for word or device […]
Tests For Comparison Of Two Similar Marks Comparing Similar Trademarks
Introduction A mark is similar to another trademark when it resembles it visually or phonetically or structurally etc. When comparing two similar trademarks, it is important to compare them in their entirety. One must assess the similarity between two marks from a visual as well as a phonetic point of view. Historical Background The test […]
The Colours in Pharma industry
Introduction Emergency use products such as inhalers also possess an inherent “stickiness” factor, as patients are unlikely to switch to a different brand easily once they have grown accustomed to using a specific inhaler, especially in urgent situations. For example, a parent of a child with asthma would not risk any confusion when searching for […]
Rise of Social Media: Potential Risks of Trademark Infringement
Trademark; Meaning and need of laws Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. In layman, language trademark is a sign that assists distinguish the product of a particular firm from the products of other firms of similar nature. The […]