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From Mandatory to Directory: The Evolving Judicial Interpretation of Rule 45 of the Trade Mark Rules 2017
Rule 45 of the Trade Marks Rules, 2017 has become the centre of a significant judicial divide. While the Delhi High Court treats the two-month deadline for filing evidence in opposition and rectification proceedings as mandatory and non-extendable, the Bombay High Court's recent decision in Black Diamond Motors views it as directory, allowing the Registrar discretion to admit delayed evidence. The emerging conflict raises fundamental questions about procedural discipline and

BRB Legal
3 days ago5 min read


A Rose by Any Other Name: India Registers Its First Smell Trademark via 7-D Vector Analysis
In a landmark order, the Indian Trade Marks Registry has granted the nation's first-ever smell trademark: a "floral fragrance reminiscent of roses" for tyres. This decision shatters the long-standing barrier of graphically representing a smell, a requirement under Section 2(1)(zb). The key was a novel 7-Dimensional Vector Analysis that translates scent into objective data, marking a new frontier where science redefines the boundaries of intellectual property law in India.

BRB Legal
Nov 22, 20253 min read


Trademark Basics
INTRODUCTION: A trademark is a type of intellectual property that helps distinguish the goods or services of one person or company from...

BRB Legal
Feb 15, 20233 min read


Can Movie Titles be Registered as Trademarks?
Introduction: One of the famous sayings of William Shakespeare reading as "What’s there in the name?” would fade out once used,...

BRB Legal
Aug 25, 202211 min read


Hashtags and Trademarks
In today’s era, in the emerging trend of social media in society, the hashtag or label ‘#’ has become a widely used symbol. A hashtag is...

BRB Legal
Jul 28, 20222 min read


Can Keywords’ Advertising Infringe Trademark?
After looking at the topic, the foremost question is, “What is the Meaning of ‘keywords advertising infringement’?” Keyword advertising...

BRB Legal
Jul 13, 20222 min read


Importance of Trademarks in Business
A trademark in the layman’s language is popularly known as a brand name of any goods or service. Legally, it means any symbol, name,...

BRB Legal
Jun 25, 20222 min read
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