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There is a moment in every trademark prosecution that no one treats with the seriousness it deserves, and the consequences of that inattention arrive five years later in a witness box. The moment is when the
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Section 31 of the Trade Marks Act, 1999 states that in all legal proceedings, the original registration of a trade mark shall be prima facie evidence of the validity thereof. Most brand owners read the words
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When the IPAB was abolished by the Tribunals Reforms Act, 2021 and rectification jurisdiction returned to the High Courts, half the trademark Bar quietly assumed Section 124 of the Trade Marks Act had died with it.
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The 2024 amendments simplified Form 27 and the in-house community exhaled. No more annual filing. No more revenue disclosure. No more value derived field. The new cycle runs once every three financial years. The reason for
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Pre-grant opposition practice in India changed structurally on 15 March 2024, and most practitioners filing representations are still drafting as if it did not. The Patents Amendment Rules, 2024 introduced a gatekeeping mechanism under the amended
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Divisional applications in India were, for a decade, treated the way United States practitioners treat continuation applications. A strategic tool. A fallback for commercially valuable embodiments that could not be captured in the original claims. A
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The Section 8 revocation risk that is quietly sitting in Indian patent portfolios is not a difficult legal problem. It is a docketing problem that becomes a litigation problem, and by the time it surfaces it
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The design infringement defense India practitioners have relied on for years at the interim stage just stopped working. The template is familiar to anyone who has defended a consumer durables company against a design infringement suit
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Philips won at trial. Eight years later, it lost everything. On 18 May 2026, a Division Bench of the Delhi High Court allowed RFA(OS)(COMM) 17/2018 and 18/2018, set aside the 12 July 2018 decree, and held
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A patent refusal order in India that lists prior art and asserts obviousness, without mapping claims, without engaging with the applicant’s technical arguments, and without explaining why a person skilled in the art would combine the
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