Skip to main content

Prem Chandar, Chitra Subbiah and Scarlet Danielle Grey look at the vacuum in India’s trademark law when it comes to transborder reputation in their article “Transborder Reputation: A vacuum in India’s trademark law” for Asia IP Magazine.

With India being one of the most lucrative business centres for foreign entities, the authors advocate in favour of guidelines for the courts to follow to ensure foreign entities are not forced to demonstrate actual use of the mark to assert and protect their exclusivity in other countries.

“Without the legislature playing lighthouse, the judiciary seems to be struggling to reconcile its differences in opinion. The need of the hour is a guideline or directive framework for spillover/transborder reputation from the Parliament upon which the courts can build their reasoning”, they said.

Read the full article here.

Read more:

 

Most Recent

News & Insights

VIEW ALL
News & Updates
Nov 04, 2025

In a remarkable conclusion to one of India’s longest-running trademark disputes, the order authored by Justice Sanjeev Narula of the Hon’ble High Court

DELHI HIGH COURT BRINGS 25-YEAR “CELEBRATIONS” TRADEMARK DISPUTE TO A WHOLESOME CLOSE
News & Updates
Nov 02, 2025

Partner Litigation, Dhruv Anand, spoke to Times of India for its dive-deep article on ‘Stars v AI’ giving a 360 degree roundup of what actually makes

Stars vs AI: Dhruv Anand speaks to ToI about personality rights and the intent behind protecting them
Thought Leadership
Oct 22, 2025

‘First published on Lexology’ By: Pravin Anand, Vaishali R Mittal and Siddhant Chamola A. INTRODUCTION Standards‑essential patents (“SEPs”)

Interim Licences vs Anti Interim Injunctions: a Cross Border Stand Off
Thought Leadership
Oct 16, 2025

‘First published on Lexology’ By: Safir Anand and Omesh Puri The Office of the Controller General of Patents, Designs, and Trade Marks has issued a

Indian Trade Marks Office issues Office Order – Streamlining Registry Function