ASWAL ASSOCIATES- Intellectual Property Law firm India

  Summary The Government of Nepal has issued mandatory compliance deadlines for trademark applicants following the destruction of physical trademark files during the September 2025 GenZ protest. Applicants with pending applications exceeding seven years must submit required documents by February 28, 2026, while applicants whose marks completed opposition periods must apply for registration certificates by May 31, 2026, failing which applications will be automatically cancelled. Background and Context On December 1, 2025, the Department of Industry, Ministry of Industry, Commerce and Supplies, Government of Nepal, issued a critical notice regarding trademark registration procedures following unprecedented civil disturbances. This notice supersedes and clarifies an earlier notification dated August 19, 2025, which had been temporarily suspended by order dated September 24, 2025. The suspension was necessitated by widespread arson, vandalism, and looting that occurred nationwide on Se...

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 ...

  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 ...

  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...