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ACQUIESCENCE IN TRADE MARK RECTIFICATION: A CRITIQUE OF RPG ENTERPRISES V. RPG MARBLE (MADRAS HC, 2026)

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  Introduction In RPG Enterprises Ltd v. Registrar of Trade Marks & Ors , (T)OP(TM) No. 482 of 2023 (Madras High Court vide judgement dated September 28, 2026 dismissed a petition to remove "RPG MARBLE PVT. LTD." (device), Registration No. 1474334 dated 28.07.2006 in Class 42, from the register. The petition failed on one ground alone: acquiescence under Section 33 of the Trade Marks Act, 1999. The Court found that the petitioner knew of the respondent's mark from a 2002 legal notice and waited until 2017 to act. Facts and procedural history The petitioner, RPG Enterprises claims use of "RPG" since 1979 and holds registrations in Classes 5, 9, 12, 16 and 30. The second respondent, RPG Marble Pvt. Ltd., trades in marble, granite and stone and claims "RPG" was coined from the initials of its directors: Rajkumar Ladha, Pawan Kumar Gupta and Giriraj Ladha.   Date Event 1979 Petitioner claim...
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India's Draft GUI & Icon Design Guidelines: A Critical Analysis

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  I. Introduction: From Judgment to Practice On 1 October 2026, the Office of the Controller General of Patents, Designs and Trade Marks (CGPDTM) released the draft Guidelines for Registration of Designs relating to Graphical User Interface (GUI) and Icons , inviting stakeholder comments. This draft marks the administrative sequel to the Calcutta High Court’s judgment dated 9 March 2026 in NEC Corporation & Ors. v. Controller of Patents and Designs (2026:CHC‑OS:69), wherein the Court categorically held that there is no per se exclusion of GUIs under Section 2(d) of the Designs Act, 2000. In my earlier analysis of that judgment , I described it as a watershed for digital design protection in India. The Calcutta High Court, however, also expressly recorded that there was “undoubtedly a lack of clarity in the Designs Office” and called for clarificatory guidance “either by Legislature or by the Controller.” The draft Guidelines now issued by the Controller stand as the admini...
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