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Category: IPR LAW

Pleading Invalidity of a Trademark in Replication: An Analysis

Introduction Trademark disputes often involve intricate legal strategies and procedural nuances. One significant aspect is the ability of a plaintiff to challenge the validity of a defendant’s trademark during replication, especially when the defendant invokes a

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The Enigmatic Oversight: Trademark Use Not Checked Post-Registration on a Proposed-to-Use Basis in India

Trademark law is the bulwark of intellectual property, shielding the sanctity and repute of brands. In India, the Trade Marks Act, 1999, orchestrates the symphony of trademark registration, protection, and enforcement. Intriguingly, within this legal framework

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What constitutes trademark use?

India is one of the countries where one has to show use of a trademark in order to claim distinctiveness and/or priority for purposes of registration and for purposes related to establishment of prior user and/or

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