Category: Trademark

Case in Point: Sun Pharma Ltd vs. DWD Pharma Ltd

Case in Point is a new series where we discuss case laws and explain certain basic concepts which may be useful to all practitioners and students alike. The first part of this series focusses on the recent judgment of the Delhi High Court in Sun Pharmaceutical Industries Ltd v. DWD Pharmaceuticals Ltd[1], wherein the Delhi High Court in an Order 39 Rule 4 application preferred by the Defendant, had imposed costs on the Plaintiff for suppression of material facts but at the same time confirmed the ad-interim ex-parte order of injunction granted to the Plaintiff. The judgment is succinctly put, merely 24 pages but provides an opportunity to revisit certain concepts. Brief Facts: The Plaintiff claimed that the defendants mark ‘FOLZEST’ infringed its mark ‘FORZEST’. The Delhi High Court on 19.05.2022 had granted an ad-interim ex-parte order from infringing the Plaintiff’s mark. Thereafter the Defendant preferred an application under Order…

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what-are-intellectual-property-rights

What are Intellectual Property Rights?

Intellectual Property (IP) encompasses intangible assets such as patents, copyright, trademarks, industrial design, geographical indications, and trade secrets. Intellectual Property Rights are conferred to the intellectual property owners to restrict others from copying their creations. The creations could be inventions, books, music, songs, brand names or trademarks, product designs, confidential information, etc. Depending upon the type of intellectual property, protection may be conferred automatically for a few, and for others, the intellectual property owner must apply for protection in desired countries. Types of Intellectual Property (IP) Protection Types of ProtectionTypes of Intellectual PropertyAutomatic ProtectionCopyright (advisable to register) Trade Secrets (however steps should be taken to keep the information secret)To Be Applied for ProtectionPatents, Trademarks, Industrial Designs, and Geographical Indications. One Product – Multiple Intellectual Property Rights Depending upon the subject matter involved, a product includes multiple intellectual property rights i.e., a product can have underlying intellectual property right protection under…

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think outside of the box

Did not protect my IPR. What now?

Starting a product-based company without protecting the underlying Intellectual Property is as good as building a house in a public place. Time and again, I've had startups and researchers asking me "what now?" once a competitor replicates their product and markets it better. It is a cakewalk for established businesses to replicate your product and use their marketing experience to pose an existential threat to your business. Think about it. A resourceful businessman finds amazing IP-Free product ideas from "Amazon Launchpad", why would he not replicate them? Let alone small businesses, no company/product is copy-proof in this world. Samsung infamously copied Apple's iPhone design [1]. The Oreo cookie that we know today isn't an original recipe either [2]. The list goes on, apparently, some of the rip-offs are better than their originals [3]. While it is practically impossible to stop everyone around the globe from copying your ideas, it can certainly be curtailed to…

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Does Your Brand Name Qualify as a Trademark?

Your brand name should be capable of distinguishing your product or service from others and it can include: sign;symbol;design;word;colour;any combination of the above; However, your brand name cannot be: descriptive of your goods or services;3-dimensional shapes forming part of your brand name, for example shape of an apple for apples;deceptive;contrary to public order or morality;state symbols, flags, names and emblems; Additionally, you must also identity if the brand name you wish to protect is still available for use i.e., you must conduct an exhaustive search to verify if anyone has already registered identical or similar brand name for trademark protection for similar goods or services. As your trademark attorney, we can carry out the trademark search for the availability of your brand name and help you file the trademark application for registration. For more information or assistance, you can reach us at [email protected]  

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Registering Your Trademark Overseas – Madrid Route

Registering your trademark in India offers protection for your brand only in India and not in any other country. If yours is a business that has a multi-national presence, then you must consider filing your trademark in all those countries to secure your brand to protect your business interests in the global market. Indeed, filing a separate trademark application in multiple countries is both time-consuming as well as a costly exercise. However, by virtue of India being a member of an international treaty ‘Madrid Protocol’, you can protect your brand name in 100+ countries around the world in a simple and cost-effective process. The Madrid system allows you to file a single application along with one set of fees for multiple countries and it also allows you to modify, renew or expand your trademark protection in additional countries via a centralized system. If you are interested in finding out more…

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Recent Discussions

Case in Point: Sun Pharma Ltd vs. DWD Pharma Ltd
November 29, 2022

Case in Point is a new series where we discuss case laws and explain certain basic concepts which may be useful to all…

Recent Discussions

What are Patent Claims and Why Should You Get It Right?
July 27, 2022

A patent claim sets the boundaries for an invention by highlighting what the invention covers and does not cover. In simple terms, the…