Abstract This study explores the evolution and significance of the World Intellectual Property Organization (WIPO) in shaping international trademark protection, with focus on India’s engagement within this global framework. Emerging from the Paris Convention (1883) and the Berne Convention (1886), WIPO was formally established in 1967 and later became a specialized agency of the United … Continue reading WIPO and India’s Trademark Protection: A Global Perspective
“Vienna Codes in Practice: Examining the Classification of Figurative Trademarks under Indian Law”
Abstract A trademark is one of the crucial intellectual property rights providing protection and distinguishing any brand from that of another. Statutory provision of trademark is dealt in section 2 (1)(zb) of Trademark Act, 1999. The increasing globalization of trade and commerce has necessitated uniform standards in intellectual property administration especially in trademark laws and … Continue reading “Vienna Codes in Practice: Examining the Classification of Figurative Trademarks under Indian Law”
Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Introduction Trademark laws are designed to protect company identities, not to create rigid monopolies that fail to reflect market realities. Registration grants statutory rights, but these rights are subject to consistent and lawful use. The Trade Marks Act of 1999 introduced Section 47 to prevent the Register from becoming cluttered with dormant or speculative marks … Continue reading Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Customs Enforcement of Trademark Rights Explained
Legal and Customs Perspectives on Import and Export Trademark Registration Requirements The Trade Marks Act of 1999 protects a brand's identity and seeks to prevent the distribution of illicit and counterfeit goods by granting exclusive rights to the registered trademark owner. The Customs Act of 1962 regulates the import and export of goods, providing the … Continue reading Customs Enforcement of Trademark Rights Explained
Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
Introduction In the case of Mayank Jain v. Atulya Discs, the Delhi High Court examined the extent to which a trader can claim exclusivity over the terms that are generic or commonly used in business. The case raised the broader legal question of whether generic terms in the public domain can be monopolized under trademark … Continue reading Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
Understanding Voluntary Liquidation in India
INTRODUCTION TO THE VOLUNTARY LIQUIDATION Section 59 of the Insolvency and Bankruptcy code states about the voluntary liquidation of corporate person and the voluntary liquidation is in accordance to the rules of Insolvency and Bankruptcy Board of India (Voluntary Liquidation Process) Regulations, 2017. It has been seen that promoters are actively opting for voluntary liquidation … Continue reading Understanding Voluntary Liquidation in India
Haldiram Case: A Model for Corporate Restructuring
A compromise or arrangement under Sections 230–232 of the Companies Act, 2013 is a statutory mechanism that allows companies to reorganize their business by transferring parts of an undertaking, merging entities, or absorbing assets and liabilities. Courts approve the scheme, and once sanctioned, it becomes binding on all stakeholders. The recent NCLT Chandigarh Bench order … Continue reading Haldiram Case: A Model for Corporate Restructuring
How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Any member of a company can approaches to the NCLT if member has a ground that the affairs of the company are being conducted in a manner i.e. is prejudicial to the interest of the Company or oppressive to the interest of any member or his interest. Even if the member has a ground that … Continue reading How Members Can Approach NCLT for the Company’s Mismanagement or oppression
Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Section 66 of the Companies Act, 2013 speaks about the Capital reduction and capital reduction of the shares can be done only through a special resolution but tribunal approval is required i.e. NCLT for the purpose of Capital Reduction. A company can reduce its capital by cancelling or extinguishing the shares subject to the special … Continue reading Capital Reduction via Buy Back is not permissible under Section 66 of Companies Act 2013
Understanding Statement of Use in U.S. Trademark Law
Statement of Use (SOU) in US Trademark Law A Statement of Use or SOU is a formal declaration filed with the United States Patent and Trademark Office (USPTO) to show that you are actually using a trademark in U.S. commerce. It is only required when an application was filed on an intent-to-use basis Section 1(b) … Continue reading Understanding Statement of Use in U.S. Trademark Law
DUCTUS EDGE 