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Tag: filing

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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Delhi High Court Puts Instagram’s ‘Remix’ Feature Under the Copyright Lens

October 3, 2026
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| Categories: Copyright
Delhi High Court

On 29 September 2026, the Delhi High Court turned its attention to a feature that millions of Indian Instagram users reach for every day: "Remix." In a suit filed by Dr. Vikas Divyakirti, the well-known founder of Drishti IAS, against Meta Platforms, Justice Anup Jairam Bhambhani did not mince words about how the feature can be misused, reportedly remarking that it amounted to "a tool for copyright violation" and a "mischievous feature." For IP practitioners and content creators alike, the case is worth watching closely, because it sits squarely at the intersection of copyright infringement, platform design, and intermediary liability under Indian law. The Dispute: Divyakirti v. Meta Platforms Dr. Divyakirti's lectures and video content, widely circulated on social media,...

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Delhi High Court Says No to Blanket Injunctions in Personality Rights Cases

September 27, 2026
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| Categories: Intellectual Property
Delhi High Court

On 18 September 2026, the Delhi High Court handed down an order that IP and media law practitioners across India have been discussing all week. In a suit filed by actor Meenakshi Chaudhary against unidentified defendants over non-consensual, sexually explicit AI-generated content bearing her likeness, Justice Anup Jairam Bhambhani granted an ex-parte ad-interim injunction directing takedown of the obscene material — but pointedly declined to grant the sweeping, "blanket" injunction her counsel had sought over all unauthorised uses of her image and persona. The order was reportedly passed alongside similar personality rights suits filed by other film actors, with the Court signalling an intent to lay down a more structured framework for how such claims should be evaluated going forward....

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Copyright Registration in India: Procedure, Timelines and Common Pitfalls

September 23, 2026
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| Categories: Copyright

Copyright protection in India arises automatically the moment an original literary, dramatic, musical or artistic work, or a cinematograph film or sound recording, is created and fixed in a tangible form. Unlike a trademark or a patent, no registration is required to bring a copyright into existence. Yet every year, thousands of authors, publishers, software companies, and businesses apply to register their works with the Copyright Office in India. Why bother with a formality the law does not strictly require? This article explains what copyright registration actually does, how the process works, and where applicants commonly go wrong. Copyright Exists Without Registration – So Why Register? Under the Copyright Act, 1957, copyright subsists in a qualifying work from the moment...

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Will CGPDTM India hike the trademark fee followed by USPTO?

November 16, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

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?

November 8, 2024
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| Categories: Intellectual Property, Trademark, Uncategorized

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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