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Category: Trademark

Trademark Registration Doesn’t Make You a Copyright Owner: Lessons from the Delhi High Court’s CAMEL Ruling

October 27, 2026
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| Categories: Copyright, Trademark

Many Indian businesses assume that once a logo, label, or packaging design has been registered as a trademark, the underlying artwork is automatically theirs under copyright law as well. A judgment from the Delhi High Court, reported in the first week of October 2026, is a useful reminder that this assumption can be wrong, and the gap between the two rights can cost a brand owner dearly. The Dispute Over the "CAMEL" Label The case, Japan Tobacco Inc. and Anr. v. The Central Wearhouse and Anr., arose out of a petition before the Delhi High Court seeking rectification of the Register of Copyrights under Section 50 of the Copyright Act, 1957. Japan Tobacco Inc., which markets CAMEL cigarettes internationally, and...

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Trademark Rectification in India: When and How to Challenge a Registered Mark

October 7, 2026
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| Categories: Trademark

A trademark registration is not necessarily permanent. Even after a mark has cleared examination, survived (or avoided) opposition, and been entered on the Register of Trade Marks, it can still be challenged years later and removed. The legal route for this is called "rectification" – a remedy that is less talked about than opposition, but one that brand owners, competitors and their advocates should understand well, because it can be used both offensively, to clear a conflicting mark off the register, and defensively, when a registration is used against you in an infringement dispute. What Is Trademark Rectification? Rectification is the process by which an entry on the trademark register is corrected, varied or cancelled after registration. Under the Trade...

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Passing Off in Indian Trademark Law: What It Is and How It Differs from Infringement

October 1, 2026
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| Categories: Intellectual Property, Trademark
Delhi High Court

Business owners often assume that owning a registered trademark is the only way to stop someone else from copying their brand. In reality, Indian law recognises a second, older remedy that operates independently of registration altogether: the common law action of passing off. Understanding how passing off works, and how it differs from a statutory infringement claim, is essential for any brand owner deciding how to protect a name, logo, or get-up in the Indian market. What Is Passing Off? Passing off is a common law tort, not a right created by statute. It protects the goodwill a trader has built up in connection with their goods or services, and prevents a rival from misrepresenting their own goods or services...

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India’s Trademark Office Manual Gets Its First Major Revision Since 2015: A Look at the 2026 Draft

September 20, 2026
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| Categories: Trademark

In the third week of August 2026, the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) published a draft revised Manual of Trade Marks Practice and Procedure, inviting comments and suggestions from stakeholders. For trademark practitioners and brand owners in India, this is a notable development: the Manual has not seen a substantive overhaul since 2015, even though the Trade Marks Registry's day-to-day workflow, filing systems, and examination practice have changed considerably in the intervening decade. What the Manual Actually Is It is worth being precise about what a "Manual" is and is not. The Manual of Trade Marks Practice and Procedure is not primary legislation. The governing law remains the Trade Marks Act, 1999 and...

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Trademark Opposition in India: A Practical Guide for Brand Owners

September 14, 2026
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| Categories: Trademark

When a trademark application is examined and accepted by the Registry, it is not automatically registered. Before registration is granted, the mark is published in the Trade Marks Journal, giving third parties a window to object if they believe the mark should not proceed to registration. This process, known as trademark opposition, is one of the most important stages in the life of a trademark application in India, and it is a stage that both applicants and rights holders need to understand well. What Is Trademark Opposition? Under the Trade Marks Act, 1999, once a mark is accepted for registration, it is advertised in the Trade Marks Journal. Any person, not merely a competitor or a prior registered proprietor, may...

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US Trademark will get costlier by 140% in January 2025

December 14, 2024
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| Categories: Intellectual Property, Trademark

The United States Patent and Trademark Office (USPTO) has announced a series of proposed fee increases for trademark filings and maintenance, expected to take effect in late 2024 and 2025. These changes aim to cover rising operational costs, fund technological improvements, and maintain the integrity of the trademark register by discouraging overly broad filings. Source: https://www.federalregister.gov/documents/2024/11/18/2024-26644/setting-and-adjusting-trademark-fees-during-fiscal-year-2025. Key Changes: Trademark Application Fees: The standard filing fee will remain $350 per class, but additional costs will be imposed for customized descriptions of goods/services. For instance, using non-standard descriptions will incur an extra $200 per class. Applications with descriptions exceeding 1,000 characters or insufficient detail will also face surcharges. Intent-to-Use Applications: Filing Amendments to Allege Use (AAU) and Statements of Use (SOU) will...

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