Vijaytha Legal Associates

  Understanding What You Can Legally Own in the Marketplace In today’s fast-paced and competitive market, your brand is your biggest asset . It’s how customers remember you, talk about you, and choose your products. But can you trademark anything ? Not quite. Many businesses think they can slap a ™ on any word or design and call it theirs—but trademark law doesn’t work that way. This guide explains what you can—and can’t—trademark , and how to choose brand assets that are actually protectable under Indian law (and globally). What Is a Trademark? A trademark is a legally protected word, name, logo, sound, color, or design that uniquely identifies the source of goods or services . Key Benefits of a Trademark: Protects your brand from imitation Builds customer trust and loyalty Adds legal credibility and value to your business Creates a unique identity in the market What Can Be Trademarked? To be eligible, a mark must be distinctive , not generic , and not misle...

  Why Trademarks Matter in India’s Competitive Market In today’s fast-paced business environment, your brand is your identity . Whether you're launching a startup, running a café, or managing a fashion line, your brand name, logo, or slogan reflects your reputation . That’s why trademark registration in India is essential—not optional . It protects your brand and prevents misuse by competitors. But here's the problem: many applicants skip the most important step , leading to delays and legal issues.  Before you file anything, you must conduct a comprehensive trademark search .  What Is a Trademark Search? A trademark search checks if your brand name, logo, or slogan is already in use or registered in India , especially in your business domain. You’ll discover: Identical or similar marks already registered Names that may confuse customers Common law (unregistered) trademarks in use  Skipping this step may result in: Trademark rejection Legal ...

  “One Country, One Law – India's Trademark System Is Unified, Centralized, and National in Scope.” When it comes to safeguarding your brand identity, understanding the legal framework of trademark registration in your jurisdiction is crucial. In countries like the United States , businesses often choose between state-level and federal-level trademark registrations depending on the scale of their operations. But what about India ? Does India allow for state-wise trademark registration? Let’s clear the confusion once and for all: India does NOT have state-wise trademark registration. Instead, it operates under a centralized national trademark system governed by the Trade Marks Act, 1999 .  Trademark Registration in India: A Unified, National System All trademarks in India are registered through a single federal system regulated by the Controller General of Patents, Designs & Trade Marks (CGPDTM) under the Trade Marks Act, 1999 and the Trade Marks Rules, 201...

  "NEHA" Trademark Tussle: Why Vijaytha Legal Associates Views This as a Landmark IP Case This judgment by the High Court of Delhi, dated May 19, 2025, settles a complex trademark dispute over the use of the common Indian forename "NEHA" for personal care products. It delves into proprietorship, prior use claims, and the nuances of passing off. Vijaytha Legal Associates highlights how this ruling clarifies key aspects of trademark law and the rigorous evidentiary standards required for successful litigation. Justice: Hon’ble Mr. Justice Sanjeev Narula Factual Background This judgment by the High Court of Delhi, dated May 19, 2025, addresses a consolidated trademark dispute (C.O. (COMM.IPD-TM) 355/2021, C.O. (COMM.IPD-TM) 455/2022, and CS(COMM) 207/2023). The core of the suit lies in competing claims over the use of the trademark “NEHA,” a very common Indian forename. The dispute is between Neha Herbals Pvt. Ltd. and Sahni Cosmetics, both of whom utilize the mark ...

  Introduction In a significant ruling that reaffirms the strength of trademark protection in India, the Delhi High Court has recently ruled in favor of KRBL Limited , the owner of the iconic India Gate rice brand, against Praveen Kumar Buyyani , the proprietor of a competing brand titled Bharat Gate . The case explores fundamental issues of trademark infringement, passing off, and the critical importance of consumer perception in the fast-moving consumer goods (FMCG) sector. Background KRBL Limited has been selling premium-quality basmati rice under the registered trademark India Gate since 1993, enjoying widespread recognition in both domestic and international markets. In 2020, Praveen Kumar Buyyani introduced a new brand called Bharat Gate in the economy segment, priced significantly lower than India Gate . The product was sold online and in physical retail outlets, raising concerns about potential confusion among consumers. KRBL alleged that the use of the mark Bharat...