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

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

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

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

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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Will CGPDTM India hike the trademark fee followed by USPTO?

Trademark Fee Adjustments in the U.S.: A 2025 Overview Effective January 18, 2025, the United States Patent and Trademark Office (USPTO) will implement a new trademark fee structure, introducing changes to ensure the financial sustainability of its operations while aligning fees with service costs. Below is a detailed breakdown of the changes in trademark fees. Key Fee Changes The new structure replaces some existing fees, introduces additional charges for certain application behaviors, and adjusts post-registration fees. The highlights are summarized in the table below: DescriptionCurrent FeeNew FeeChange ($)Percent Change (%)Trademark Application Filing FeesPaper Application (per class)$750$850$10013%Base Application (electronic, per class)N/A$350N/AN/AApplication via WIPO (per class)$500$600$10020%Surcharge FeesInsufficient Information (per class)N/A$100N/AN/AFree-form Text Entry (per class)N/A$200N/AN/AAdditional 1,000 Characters in Free-formN/A$200N/AN/APost-Registration Maintenance FeesSection 8 Declaration...

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Why your trademark could be refused?

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

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