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, Thought Leadership
Aug 05, 2026

‘First published on Asia IP’ By: Safir Anand and Ritu Bhargava India has taken important steps forward in protecting consumers who use its digital

Misleading ads and dark patterns: Evolving jurisprudence in India
News & Updates, Thought Leadership
Aug 01, 2026

On 24 May 2024, after roughly a quarter-century of negotiation, the Member States of the World Intellectual Property Organisation adopted, by consensus

WIPO GRATK Treaty: India Helped Write and Would Not Sign
News & Updates, Thought Leadership
Jul 18, 2026

‘First published on India Business Law Journal’ By: Madhu Rewari Artificial intelligence (AI) has changed the internet in both useful and unsettling

Preventing AI-powered domain name abuse
News & Updates, Thought Leadership
Jul 17, 2026

First published by Lexology. Authors: Sandhya Singh and Sampada Kapoor Modern sport is no longer merely an athletic competition; it is a multi-billion-dollar

Managing Ambush Marketing: Legal and Commercial Perspectives