Vijaytha Legal Associates

   Introduction In a competitive market, catchy slogans like "Just Do It" (Nike) and "I’m Lovin’ It" (McDonald’s) are powerful brand tools. But can such phrases be protected under Indian trademark law? The answer is yesbut only under specific legal standards . This guide explains how slogans qualify, how to register them, what challenges arise, and why brand owners should treat them as valuable IP assets.  What Is a Slogan or Tagline? A slogan is a short, memorable phrase used in advertising, while a tagline usually represents long-term branding. Under Section 2(1)(zb) of the Trade Marks Act, a slogan may be treated as a word mark if it uniquely identifies the source of goods or services.  Can a Slogan Be Trademarked? Slogans can be registered, provided they meet these requirements: Distinctiveness : Not generic or descriptive Source indicator : Clearly identifies origin Graphical form : Capable of being written or visualized Uniqueness in use : No...

  A Comprehensive Guide for Startups, Companies & Legal Professionals By Diksha Modi Trademark registration is not just a legal step—it’s a strategic move that strengthens your brand identity and protects your commercial reputation. But many applicants get rejected due to missing documents or incorrect classification. This guide breaks down everything you need to file a trademark application in India—whether you're an individual entrepreneur, a private company, or a certifying body.  1. Trademark Search & Classification a) Pre-Filing Search: Use IP India’s trademark public search tool to check for identical or similar marks in your class. Avoid duplication and reduce the risk of objections. b) Class Selection: India follows the Nice Classification system (Classes 1–45) : 1–34: Goods 35–45: Services Choosing the correct class is crucial to ensure your protection aligns with your offerings.  2. Applicant Identity & Structure Information vari...

  "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 ...

  Unpack the Ritz Trademark Victory: A Landmark Ruling This article delves into the recent High Court ruling (CS(COMM) 8/2025) that elevated the RITZ and RITZ-CARLTON trademarks to "Well-Known" status. It highlights the aggressive defense by the trademark owners against infringement and the critical factors considered by the court. Vijaytha Legal Associates offers insights into this significant case, emphasizing its implications for trademark protection in India and demonstrating their expertise in intellectual property law. The case of CS(COMM) 8/2025, I.A. 255/2025 & I.A. 256/2025, centers on the significant elevation of the RITZ Hotel Ltd's trademark to the status of a “Well-Known Trademark.” This landmark decision has considerable implications for trademark law in India, underscoring the rigorous criteria for such recognition. Vijaytha Legal Associates has been closely monitoring this case, recognizing its importance for businesses seeking robust brand protecti...

  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...

Case Details Case Title: Ankur Warikoo & Anr. v. John Doe & Ors. Court: Delhi High Court Case No.: CS(COMM) 514/2025 Date of Judgment: 26 May 2025 Coram: Hon’ble Mr. Justice Amit Bansal   With the exponential rise in AI-generated content, legal systems worldwide are confronting novel challenges: Can someone's face and voice be protected under Indian law? Does the misuse of these elements count as trademark infringement ? How should courts tackle deepfakes that mislead consumers? At Vijaytha Legal Associates , we track landmark rulings that shape the future of intellectual property and personality rights in India. The 2025 decision in Ankur Warikoo & Anr. v. John Doe & Ors. is one such milestone. Background of the Case Plaintiff No. 1, Ankur Warikoo, is a renowned public figure and finance educator with over 15 million followers across Meta-owned platforms. Plaintiff No. 2, M/s Zaan WebVeda Pvt. Ltd., owns the edtech brand ‘WebV...