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Showing posts from November, 2025

China Trademark Law 2026 Revision: Key Changes Every Brand Owner Must Know

Introduction China has completed the most consequential rewrite of its Trademark Law in over a decade. On June 26, 2026, the 23rd Meeting of the Standing Committee of the Fourteenth National People's Congress adopted a comprehensive revision of the Trademark Law of the People's Republic of China — the fifth amendment since the law was first enacted in 1982, and the first substantive overhaul since the narrow 2019 revision. The revised law, comprising 87 articles across nine chapters (up from 73 articles in eight chapters under the outgoing law), will enter into force on January 1, 2027. Trademarks registered before that date remain valid. For brand owners, in-house counsel, and IP practitioners with China exposure, this is not a routine update. The revision touches registration standards, opposition timelines, well-known mark protection, damages calculations, and — perhaps most significantly — the treatment of bad-faith and speculative filings that have long troubled foreig...

Delhi High Court Holds That Trademark Proprietor Cannot Claim Monopoly Over Entire Class of Goods

Summary The Delhi High Court clarified that trademark protection extends only to the specific goods within the class for which the mark is registered, and a proprietor cannot claim exclusivity over all goods in that class merely because of a similar mark, particularly when not using the mark for those goods. Introduction This appeal challenges the judgment of the Patiala House District Court, which dismissed the Appellant's application for interim injunction under Order 39 Rules 1 and 2 of the Code of Civil Procedure, 1908. The underlying suit seeks permanent injunction restraining the Respondent from using the trademark "PRUEASE" (Impugned Mark) on the ground that it is deceptively similar to the Appellant's trademark "PRO-EASE" (Subject Mark). Both marks are registered in Class 5 of the Trade Marks Registry, but are used for entirely different product categories within that class. Background and Facts The Appellant conceived and adopted the Subject Mark ...

Supreme Court Formulates Two-Pronged Test to Determine Eligibility for Protection Under Designs Act

  Summary The Supreme Court of India developed a comprehensive two-pronged test to resolve complexities arising from Section 15(2) of the Copyright Act, providing clarity on whether a work qualifies for protection under the Designs Act and establishing standards for distinguishing artistic works from industrial designs. Introduction This appeal concerns a dispute regarding alleged infringement of intellectual property rights relating to the design and manufacture of internal components of Cryogenic Storage Tanks and Distribution Systems mounted on Trailers and Semi-Trailers used for efficient transportation of industrial gases, liquefied natural gas (LNG), and similar substances. On September 24, 2018, Respondent No. 1, Inox India Limited (Inox), filed Trademark Suit No. 3/2019 before the Commercial Court against the Appellants, Cryogas Equipment Private Limited (Cryogas) and LNG Express India Private Limited (LNG Express). Inox alleged that the Appellants infringed two categories ...

India Registers Its First Olfactory (Smell) Trademark: A Historic Milestone in Non-Conventional Trademark Protection

  Summary The Indian Trade Marks Registry made history by accepting the country's first olfactory (smell) trademark - a rose-like floral fragrance infused into tyres by Sumitomo Rubber Industries - marking a paradigm shift in Indian trademark law by recognizing non-conventional intangible marks beyond traditional words, logos, shapes, colours, and sounds. A Historic First for Indian Trademark Law On November 21, 2025, the Indian Trade Marks Registry achieved a historic milestone by accepting India's first olfactory (smell) trademark:   "a rose-like floral fragrance infused into tyres"   filed by Sumitomo Rubber Industries. This landmark decision opens an entirely new dimension in Indian intellectual property law, recognizing that trademark protection extends beyond conventional sensory marks such as words, logos, shapes, colours, and even sounds, to encompass intangible non-conventional marks like scent. The acceptance of this olfactory mark represents a significant e...