Awareness about intellectual property in India is on the rise, so is the number of trademark registration and therefore the infringement of registered marks are increasing. Indian Trade Mark Jurisprudence has crossed quite a lot of mile stones in year 2018 due to the increase in the number of litigations and by contributing to the trademark ecosystem by way of notable volume and diversity of trademark cases.
Year 2018 had seen a substantial development in the IP ecosystem crystallizing the Trademark Jurisprudence which has a direct influence on the confidence of stakeholders in the wake of globalization and "Make in India" regime. To mention a few:
- Court is imposing costs against frivolous litigations deterring litigants from initiating sham litigations.
- IPR offices are welcoming new technologies.
- Reaffirming the procedure of removal of Trademark from the register of Trademarks.
- Providing Clarity on Comparative Advertisement.
This practice of making and publishing the Holistic Compendiums of the important cases on Trade Marks is been carried by Khurana and Khurana from the years due to its involvement in trademark litigations. This compendium intends to provide certain key judgment summaries that reflect a diverse range of issues discussed and adjudicated upon by the Indian Judiciary in the year 2018 pertaining to the interpretation/ implementation of various provisions of The Trade Marks Act, 1999.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.