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Category: IPR

  • DIFFERENT TYPES OF DIGITAL SIGNATURE CERTIFICATES AND THEIR USES

    In the modern digital Era, safeguarding electronic information has become an essential requirement. Whether it involves online communication, financial transactions, or the exchange of digital documents, ensuring authenticity and security is crucial. Digital signature certificates serve as a foundational tool in establishing trust, preventing tampering, and confirming the identity of individuals or entities involved in electronic interactions. In this article, we examine the types of digital signature certificates, how they function, and why they are vital in today’s technology-driven environment. Platforms like TMWala also make access to these certificates easier for both individuals and businesses.

    WHAT IS A DIGITAL SIGNATURE CERTIFICATE?

    A Digital Signature Certificate (DSC) is an electronic equivalent of a physical signature, designed to verify the identity of the signer and guarantee that the content of an electronic document remains unchanged.

    A DSC is issued by a trusted Certificate Authority (CA)regulated by the Controller of Certifying Authorities (Ministry of Electronics & Information Technology). READ MORE: How to get a Digital Signature Certificate | CCA, which validates the user’s identity and binds it to a unique digital signature. This system ensures authenticity, integrity, and non-repudiation for electronic records.

    CLASSIFICATION OF DIGITAL SIGNATURE CERTIFICATES

    Digital signature certificates offer different levels of security depending on the nature of the transaction and the sensitivity of the information being exchanged. Understanding the types of digital signature certificates allows individuals and businesses to select the appropriate option for their specific requirements.

    CLASS 1 DIGITAL SIGNATURE CERTIFICATE

    Class 1 certificates provide basic security and are mainly used for low-risk online activities, such as personal emails or simple digital transactions. These certificates verify the user’s identity to a limited extent and are suitable for individuals who do not handle sensitive data.

    Key Characteristics

    • Straightforward procurement: Obtaining a Class 1 certificate involves minimal documentation, making it ideal for general personal use.
    • Basic verification: Identity validation is limited to confirming information such as the applicant’s email address.
    • Affordable choice: It is the most economical option for those who need a simple mechanism to establish credibility online.

    CLASS 2 DIGITAL SIGNATURE CERTIFICATE

    Class 2 certificates are designed for users who need a moderate level of security. They are commonly used in professional settings, commercial platforms, and official online submissions.

    Key Characteristics

    • Enhanced protection: These certificates offer stronger security measures, making them suitable for tasks involving sensitive data or official filings.
    • Detailed verification: Applicants must provide government IDs or business documents to authenticate their identity.
    • Wide professional applicability: They are frequently used for income tax filings, business registrations, contract submissions, and government tenders.

    CLASS 3 DIGITAL SIGNATURE CERTIFICATE

    Class 3 is the highest and most secure DSC category available. These certificates are issued only after a stringent verification process and are recommended for users involved in high-value or confidential digital transactions.

    Key Characteristics

    • In-person verification: Applicants must appear physically before the issuing authority to complete the verification process.
    • Strong legal acceptance: Class 3 certificates are widely recognized by courts, government departments, and regulatory bodies.
    • Maximum security standards: They are favoured for critical transactions such as major financial dealings, e-auctions, e-bidding, and corporate agreements.

    DIGITAL SIGNATURE CERTIFICATE TYPES BASED ON PURPOSE

    Apart from security levels, digital signatures can also be categorized by intended use. Here are some common uses of a digital signature certificate in both personal and professional settings:

    • Personal Digital Signature Certificates: Suitable for individuals engaging in basic online activities such as email signing or completing electronic forms.
    • Organizational Digital Signature Certificates: Issued to companies or institutions to authenticate documents, internal communications, and official transactions.
    • Document Signing Certificates: Specifically designed for signing electronic files to preserve their authenticity and prevent unauthorized modification.
    • Code Signing Certificates: Used by software developers to validate their applications and assure users that the software has not been altered.
    • SSL/TLS Certificates: Though technically different, these rely on digital signatures to secure data exchanged over websites and online platforms.

    BENEFITS OF DIGITAL SIGNATURE CERTIFICATE

    The benefits of a digital signature certificate extend far beyond simple authentication. They help streamline workflow, reduce paperwork, promote secure operations, and enhance trust in online transactions. Digital signatures also support regulatory compliance and offer legal validity to electronic records.

    DIGITAL SIGNATURE CERTIFICATE IN INDIA

    The adoption of digital signature certificates in India has skyrocketed across government agencies, businesses, and personal users due to increasing digital transformation initiatives. Trusted authorities licensed by the Controller of Certifying Authorities (CCA) issue these certificates and ensure compliance with national security and verification standards.

    HOW TO APPLY FOR A DIGITAL SIGNATURE CERTIFICATE IN INDIA

    To understand how to apply for a digital signature certificate in India, applicants must choose a licensed certifying authority, complete the identity verification process, submit mandatory documents, and follow the prescribed application steps. Depending on the class of certificate required, the verification may be conducted online or in person.

    DIGITAL SIGNATURE PROVIDERS IN INDIA

    Numerous authorized entities offer DSC services nationwide. When selecting digital signature providers in India, users should consider factors such as certification class, support options, renewal procedures, and compliance with government guidelines.

    HOW TO CHECK THE VALIDITY OF A DIGITAL SIGNATURE CERTIFICATE

    Many Certifying Authorities (CAs) offer online tools to verify DSC validity. Here’s a quick process:

    • Step 1: Visit the CA Website: Go to your Certifying Authority’s site (eMudhra, Sify, Capricorn, etc.).
    • Step 2: Upload Your DSC: Select the “Verify DSC” or “Check DSC Validity” option and upload your DSC file or enter its serial number.
    • Step 3: Check the Results: The tool will display the DSC’s validity status, expiry date, and issuing authority.

    HOW TO RENEW A DIGITAL SIGNATURE CERTIFICATE

    When a DSC expires, users must follow the process of how to renew a digital signature certificate, which generally involves re-verification, document submission, and fee payment. Renewing a certificate in time prevents disruption in filing, communication, or digital authorization tasks. To renew the DSC, one can follow these steps.

    • Visit your Certifying Authority’s website: Go to the CA that issued your DSC (eMudhra, Capricorn, Sify, etc.) or an authorized partner.
    • Select “Renew Digital Signature”: Usually available on the homepage or under DSC services.
    • Fill out the renewal form: Provide your details and update any changes.
    • Upload required ID documents: Such as Aadhaar, PAN, or business documents for organizational DSCs.
    • Complete the verification: This may involve Aadhaar OTP, video KYC, or biometric verification.
    • Make the payment: Fees vary based on DSC type and validity.
      Download and install the renewed DSC. Once approved, install it on your USB token.

    CONCLUSION

    Digital Signature Certificates have become a fundamental component of secure digital operations, supporting everything from personal communication to large-scale business and government transactions. By understanding the various types of digital signature certificate, their security levels, and their specific applications, users can make informed choices that match their operational needs. With the rapid expansion of digital transactions in India, the role of trusted CAs, proper verification, and timely renewal has become even more important. Whether an individual or an organization, adopting the right DSC enhances trust, improves workflow efficiency, and ensures legal and regulatory compliance in an increasingly digital environment. With service platforms like TMWala, obtaining, managing, and renewing DSCs becomes even more convenient, reliable, and efficient.

    FAQs

    1. What is a Digital Signature Certificate (DSC)?
      A DSC is an electronic form of a signature used to verify identity and ensure the integrity of digital documents.
    2. Who issues Digital Signature Certificates in India?
      DSCs are issued by licensed Certifying Authorities (CAs) regulated by the Controller of Certifying Authorities (CCA).
    3. What are the main types of digital signature certificates?
      The three primary types are Class 1, Class 2, and Class 3 DSCs.
    4. What is Class 1 DSC used for?
      Class 1 is used for low-risk activities like personal emails and basic online transactions.
    5. Where is Class 2 DSC commonly used?
      It is used for income tax filing, business registrations, and official paperwork requiring moderate security.
    6. Why is Class 3 DSC considered the most secure?
      It requires in-person verification and is used for high-value transactions such as e-bidding and e-auctions.
    7. What are the main uses of a digital signature certificate?
      They are used for personal authentication, organizational communication, document signing, code signing, and securing online transactions.
    8. How can I apply for a DSC in India?
      Choose a licensed CA, complete identity verification, upload required documents, and follow the application steps.
    9. How do I check the validity of my DSC?
      Visit your CA’s website, use the “Verify DSC” tool, upload your DSC, and view the validity details.
    10. How do I renew an expired DSC?
      Visit the CA website, select “Renew Digital Signature,” submit documents, complete verification, pay the fee, and download the renewed DSC.

  • EVIDENCE IN REPLY BY OPPONENT: RULE 47 OF THE TRADE MARK RULES, 2017

    The opposition stage is a critical part of the trademark registration process, allowing third parties to challenge the registration of a mark that may conflict with their existing rights. Once an opposition is filed, a structured legal procedure begins, governed by specific timelines and provisions under Rule 47 of the Trade Marks Rules, 2017.

    Among the key aspects of this procedure is the submission of evidence by both the opponent and the applicant. Each stage of evidence filing plays a vital role in establishing the strength of a party’s claim. Understanding the steps, timelines, and relevant rules, particularly Rules 44 to 48, is essential.

    This article outlines the complete process of evidence submission during trademark opposition, highlighting the importance of Rule 47 (Evidence in Reply by Opponent) and Rule 48 (Further Evidence), along with the prescribed time limits and practical guidance for timely submission.

    TRADEMARK EVIDENCE SUBMISSION PROCESS

    During the trademark registration process, if an opposition is filed against the applied mark, a new procedure begins. The steps involved in this opposition process are as follows:

    1. Filing of Opposition: The opposition must be filed within four months from the date the trademark is published in the Trade Marks Journal.
    2. Filing of Counterstatement: After the opposition has been filed, the applicant must respond by filing a counterstatement within two months from the date of receipt of the notice of opposition.
    3. Evidence in Support of Opposition: Following the filing of the counterstatement, the opponent must submit evidence in support of the opposition within two months from the date of receipt of the counterstatement.
    4. Evidence in Support of Application: In response, the applicant must file evidence in support of the application within two months from the date of receipt of the opponent’s evidence.
    5. Evidence in Reply by Opponent: Finally, the opponent may file evidence in reply within one month from the date of receipt of the applicant’s evidence in support of the application.

    RULE 47 OF TRADEMARKS RULES, 2017

    Rule 47 of Trademarks Rules, 2017, states:

    “Evidence in reply by opponent. — Within one month from the receipt by the opponent of the copies of the applicant’s affidavit, the opponent may leave with the Registrar evidence by affidavit in reply and shall deliver to the applicant copies of the same, including exhibits, if any, and shall intimate the Registrar in writing of such delivery.”

    In most cases, the opponent simply files a letter under Rule 47 stating that they rely on the facts and evidence already submitted in opposition and evidence in support of the opposition and do not wish to submit any further evidence at this stage. However, if the opponent has any additional strong arguments or new evidence that could further strengthen their case, they may choose to file evidence in reply by the opponent along with the evidence adduced with it at this stage.

    ANOTHER CHANCE OF FILING EVIDENCE

    Rule 48 of Trademarks Rules states:

    “Further evidence— No further evidence shall be left on either side, but in any proceedings before the Registrar, he may at any time, if he thinks fit, give leave to either the applicant or the opponent to leave any evidence upon such terms as to costs or otherwise as he may think fit.”

    According to the Trade Marks Rules, 2017, the provisions under Rules 44 to 47 provide sufficient opportunities for both parties to file their respective replies and evidence. However, Rule 48 of the Trade Marks Rules grants an additional opportunity to submit evidence, but this is entirely at the discretion of the Registrar. Such an opportunity will be allowed only if the Registrar considers it appropriate to do so.

    PRESCRIBED TIME PERIOD

    • One month from receipt of evidence in support of the application or notice of non-filing.

    TMWala can assist in tracking deadlines, preparing affidavits, and ensuring timely submission.

    CONTENTS OF EVIDENCE IN SUPPORT OF APPLICATION

    Evidence submitted should:

    • Respond to all objections or contentions raised by the applicant in the Evidence in Support of Application.
    • Include documents and records that further strengthen the opponent’s case.
    • Documents need to be attached as annexures to a verified affidavit.

    CONCLUSION

    The evidence submission stage plays a decisive role in the outcome of a trademark opposition. Each step from the initial opposition to the evidence in reply is governed by strict timelines under the Trade Marks Rules, 2017, ensuring procedural fairness and efficiency. Rule 47 provides the opponent a final opportunity to strengthen their case through additional evidence or arguments. At the same time, Rule 48 allows a limited discretionary chance for further submissions, only if the Registrar deems it appropriate.

    Timely and well-prepared evidence can significantly influence the Registrar’s decision. Therefore, parties must carefully adhere to the prescribed deadlines and procedural requirements. Professional assistance, such as from TMWala, can be valuable in managing documentation, affidavits, and submissions to ensure a strong and compliant opposition process.

    FAQs

    1. What is Rule 47?
      It allows the opponent to file evidence in reply within one month of receiving the applicant’s evidence.
    2. Is filing evidence in reply by the opponent mandatory?
      No, the opponent may choose to rely on previously submitted evidence.
    3. Can more evidence be filed later?
      Only if the Registrar permits it under Rule 48.
    4. What is the time limit for filing evidence in reply?
      Within one month of receipt of the applicant’s evidence.

  • EVIDENCE IN SUPPORT OF APPLICATION: RULE 46 OF THE TRADE MARK RULE, 2017

    When a trademark application is under registration and an opposition is filed, the applicant has the opportunity to respond to the opponent’s claims by filing a counterstatement. After the counterstatement is submitted, the opponent provides evidence in support of the opposition. Once this evidence is received, the applicant must submit additional evidence to strengthen their case.

    As per Rule 46 of the Trade Mark Rule, 2017, the applicant is required to file this evidence within the prescribed timeframe after receiving the opponent’s evidence.

    This article provides an overview of Evidence in Support of Application under Rule 46, including timelines, contents, required documents, and key procedural considerations.

    RULE 46 OF THE TRADE MARK RULE, 2017

    Under this rule, after receiving evidence in support of the opposition, the applicant must either file evidence in support of the application or submit a letter stating that they do not wish to present any evidence and will rely on the contents of the counterstatement. This is provided under Rule 46. Rule 46 states:

    “Evidence in support of the application.— (1) Within two months on the receipt by the applicant of the copies of affidavits in support of opposition or of the intimation that the opponent does not desire to adduce any evidence in support of his opposition, the applicant shall leave with the Registrar such evidence by way of affidavit as he desires to adduce in support of his application and shall deliver to the opponent copies thereof or shall intimate to the Registrar and the opponent that he does not desire to adduce any evidence but intends to rely on the facts stated in the counterstatement and or on the evidence already left by him in connection with the application in question. 

    In case the applicant adduces any evidence or relies on any evidence already left by him in connection with the application, he shall deliver to the opponent copies of the same, including exhibits, if any, and shall intimate the Registrar in writing of such delivery.

    If an applicant takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his application.”

    PRESCRIBED TIME PERIOD

    • Two months from receipt of evidence in support of opposition or notice of non-filing.
    • Missing the deadline leads to abandonment of the application.

    TMWala can assist in tracking deadlines, preparing affidavits, and ensuring timely submission to avoid abandonment.

    CONTENTS OF EVIDENCE IN SUPPORT OF APPLICATION

    Evidence submitted should:

    • Respond to all objections or contentions raised by the opponent in the Evidence in Support of Opposition.
    • Include documents and records that prove the distinctiveness, prior use, or rights of the applicant in the trademark.
    • Documents need to be attached as annexures to a verified affidavit.

    DOCUMENTS TO BE SUBMITTED WITH EVIDENCE

    The applicant should adduce common documents, including:

    • Applicants’ Company/firm details – such as MSME registration, GST certificate, etc.
    • Applicants’ Trademark-related documents – such as registration certificates, applications, renewal certificates, etc.
    • Supporting materials – such as invoices, advertisements, sales data, promotional materials, or correspondence showing use and reputation of the mark.

    THINGS TO KEEP IN MIND

    • Ensure para-wise verification of the affidavit. Make sure it has a date, place of verification, and signature of the opponent or person authorised to sign it.
    • Address every objection raised by the opponent.
    • Keep content clear, concise, and relevant.
    • Attach organized and legible exhibits.
    • Submit as much relevant evidence as possible to strengthen the case.

    TMWala can help in organizing evidence, drafting affidavits, and ensuring proper formatting and submission.

    CONCLUSION

    The Evidence in Support of Application is a critical stage in opposition proceedings. It allows the applicant to substantiate their claims and counter the opponent’s arguments with proof. Properly prepared evidence, supported by relevant documents and a structured affidavit, can greatly enhance the applicant’s position before the Registrar.

    Strict adherence to procedural requirements and timelines under Rule 46 is essential, as failure to submit evidence may lead to abandonment. TMWala provides professional guidance in drafting affidavits, compiling evidence, and managing timelines to ensure a strong legal presentation of your application.

    FAQs

    1. What is Evidence in Support of Application?
      It is the applicant’s affidavit with supporting documents submitted after receiving the opponent’s evidence or notice of non-filing.
    2. What is the time limit?
      2 months from receipt of the opponent’s evidence or notice.
    3. What documents are needed?
      Company/firm records, trademark certificates, invoices, advertisements, sales data, etc.
    4. What if the evidence is not filed on time?
      The trademark application is deemed abandoned.
    5. How can TMWala help?
      TMWala assists in drafting affidavits, organizing documents, and ensuring timely submission to strengthen your application.

  • EVIDENCE IN SUPPORT OF OPPOSITION: RULE 45 OF THE TRADE MARK RULES, 2017

    When a trademark application is under registration and an opposition is filed, a separate legal procedure begins. As per Section 21 of the Trade Marks Act, 1999, read with Rule 45 of the Trade Marks Rules, 2017, the applicant must file a counterstatement in response to the opposition filed.

    In the counterstatement, the applicant addresses and replies in detail to all the objections and contentions raised by the opponent. This reply must be filed, and a copy of the counter must be served to the opponent within the prescribed time limit.

    However, filing a counterstatement does not conclude the matter. There are further steps involved in the opposition proceedings. Once the applicant files the counterstatement, the opponent must submit a reply to the counterstatement, as per Rule 45 of the Trade Marks Rules, 2017. This stage is referred to as the “Evidence in Support of Opposition.”

    In this article, we will briefly discuss “Evidence in Support of Opposition” as provided under Rule 45 of the Trade Marks Rules, 2017. This includes an overview of the time limits for filing and serving the evidence, the contents that must be included, and the documents required to be submitted with the evidence in support of the opposition.

    RULE 45 OF THE TRADE MARKS RULES, 2017

    This rule provides that the opponent has two options. The opponent may either submit (adduce) evidence in support of the opposition or inform in writing that they do not wish to file any evidence and instead choose to rely solely on the statements and facts already mentioned in the notice of opposition. The rule states:

    • “Evidence in support of opposition.— (1) Within two months from service of a copy of the counterstatement, the opponent shall either leave with the Registrar, such evidence by way of affidavit as he may desire to adduce in support of his opposition or shall intimate to the Registrar and to the applicant in writing that he does not desire to adduce evidence in support of his opposition but intends to rely on the facts stated in the notice of opposition. He shall deliver to the applicant copies of any evidence, including exhibits, if any, that he leaves with the Registrar under this sub-rule and intimate the Registrar in writing of such delivery.
    • If an opponent takes no action under sub-rule (1) within the time mentioned therein, he shall be deemed to have abandoned his opposition.”

    PRESCRIBED TIME PERIOD

    Under Rule 45 of the Trade Marks Rules, 2017, the opponent is required to file evidence in support of opposition within two months from the date of receiving the counterstatement and serve the same to the applicant.

    If the opponent fails to submit the evidence or to communicate in writing that they do not wish to file any evidence within the prescribed time period, the opposition shall be deemed to have been abandoned.

    To avoid such lapses, TMWala’s trademark experts can help you monitor timelines, prepare the necessary affidavits, and ensure your documents are filed and served properly before the deadline.

    CONTENTS OF EVIDENCE IN SUPPORT OF OPPOSITION

    • The Evidence in Support of Opposition should contain a detailed response to each argument and contention raised by the applicant in the counterstatement.
    • This evidence should comprise all documents, materials, or records that the opponent relies upon to strengthen their case, including anything that supports the distinctiveness or prior use of their mark, or that may weaken the applicant’s position.
    • All such supporting documents and materials submitted by the opponent are attached as annexures to the affidavit filed as evidence in support of the opposition.

    DOCUMENTS TO BE SUBMITTED WITH EVIDENCE IN SUPPORT OF OPPOSITION

    The following types of documents are generally submitted along with the Evidence in Support of Opposition:

    • Documents related to the firm or company, such as MSME registration, GST certificate, or any other document establishing the legal status and identity of the opponent.
    • Documents related to the opponent’s trademark and copyright, including registration certificates, trademark applications, renewal certificates, or any other record proving ownership or prior use of the mark.
    • Any other supporting documents that strengthen the opposition, such as advertisements, invoices, promotional materials, sales figures, or correspondence showing the mark’s use and reputation in the market.

    THINGS TO KEEP IN MIND

    While drafting and compiling the Evidence in Support of Opposition, the following points should be carefully observed:

    • Ensure proper verification the affidavit must include para-wise verification, along with the date and place of verification, and must be duly signed by the opponent or an authorized representative.
    • Respond to every argument made in the counterstatement, ensuring that no contention raised by the applicant remains unaddressed.
    • Keep the content clear, direct, and concise. Avoid including unnecessary or irrelevant details.
    • Provide adequate supporting evidence, submit as many relevant documents as possible to substantiate your claims, and strengthen your arguments.
    • Maintain clarity and organization; all attached exhibits should be legible, properly numbered, organized, and directly relevant to the case.

    CONCLUSION

    The stage of Evidence in Support of Opposition plays a crucial role in the trademark opposition proceedings. It provides the opponent an opportunity to substantiate their claims with documentary proof and to counter the applicant’s contentions effectively. Properly prepared evidence, supported by relevant documents and a well-structured affidavit, can significantly strengthen the opponent’s position before the Registrar.

    It is important to adhere strictly to the procedural requirements and timelines under Rule 45 of the Trade Marks Rules, 2017, as failure to do so may lead to the opposition being deemed abandoned. Therefore, careful drafting, proper verification, and submission of comprehensive and well-organized evidence are essential to ensure that the opposition is effectively presented and considered by the Registry.

    If you need professional assistance in drafting affidavits, preparing evidence, or managing opposition timelines, TMWala can guide you through the entire process, ensuring accuracy, compliance, and a strong legal presentation of your opposition.

    FAQs

    1. What is the Evidence in support of opposition?
      It is the Opponent’s reply to the counterstatement, with affidavits and supporting documents.
    2. What is the Time limit for opposition?
      2 months from the date of service of the counterstatement.
    3. What documents are needed for opposition?
      Company/firm records, trademark certificates, promotional materials, invoices, sales records, etc.
    4. What if evidence in support of the opposition is not filed on time?
      Opposition shall be deemed to have abandoned.
    5. How can TMWala help?
      TMWala assists in drafting, organizing, and filing evidence to strengthen your opposition.

  • DIFEERENCE BETWEEN TM-M AND TM-P

    In today’s competitive marketplace, a trademark serves as the identity of a brand, a visual and legal representation of its reputation, quality, and trust. Registering a trademark is not merely a procedural step but a strategic move to safeguard intellectual property. However, during the filing process or even after registration, applicants sometimes realize there are inadvertent errors or omissions in their application. Indian trademark law provides mechanisms to rectify or modify such details, ensuring accuracy and fairness without compromising the integrity of the registration system. In this article, we will discuss what TM-M and TM-P are, the differences between them, and which changes are permissible and which are not.

    The mechanisms for making changes to trademark applications or registered trademarks are through Forms TM-M and TM-P. These forms allow applicants and registered proprietors to make necessary amendments to their trademark applications or registrations, subject to certain conditions.

    If you are unsure which form to use or how to proceed, TMWala can help you identify the right approach and file the necessary forms accurately to avoid unnecessary rejections or delays.

    UNDERSTANDING FORMS TM-M AND TM-P

    Two of the most versatile forms under the trademark rules are TM-M and TM-P, both of which play crucial roles in correcting or modifying trademark applications.

    FORM TM-M – THE MISCELLANEOUS REQUEST FORM

    Form TM-M, officially titled “Application/Request for Any Miscellaneous Function in Relation to a Trade Mark Application/Opposition/Rectification under the Trade Marks Act,” is used for a variety of purposes. Applicants can submit this form to:

    • Make minor corrections or modifications in a pending trademark application;
    • Request the Registrar’s guidance or reasons for a particular decision;
    • Seek certified copies or extracts from the register;
    • Apply for an extension of time.
    • Request a review of a decision; or
    • Undertake any miscellaneous actions not specifically covered by other prescribed forms.

    Essentially, TM-M is a multipurpose form that allows applicants to address clerical mistakes, seek procedural clarifications, or handle other administrative requirements before registration.

    FORM TM-P – THE POST-REGISTRATION CHANGE FORM

    Once a trademark is successfully registered, any post-registration modifications must be made using Form TM-P. This form covers a broad range of changes, such as:

    • Transfer or assignment of ownership to a new proprietor;
    • Alteration of ownership details or partnership composition;
    • Modification of the registered trademark’s appearance or particulars;
    • Adjustments to the specification of goods and services;
    • Conversion of goods or services classification; or
    • Termination of an association between related trademarks.

    This form ensures that all post-registration modifications are formally recorded, maintaining the accuracy and validity of the trademark register.

    RECTIFICATION AND AMENDMENTS BEFORE REGISTRATION

    Errors are most likely to occur during the filing stage. Fortunately, the law permits applicants to correct such inaccuracies before the trademark is registered. A pre-registration amendment can be requested through Form TM-M, accompanied by the required fee and supporting documents.

    However, it is crucial to understand that only non-substantial modifications that do not alter the fundamental nature of the trademark or its ownership are permitted. For example, correcting typographical errors or updating an address is acceptable, but changing the mark itself or its class of goods and services is not.

    PERMISSIBLE PRE-REGISTRATION MODIFICATIONS

    • Correction of clerical or data entry errors (e.g., “TechWiz” accidentally entered as “TechWiiz”);
    • Updating the applicant’s address or contact information;
    • Deleting or restricting goods or services listed in the application;
    • Dividing a multi-class application into separate filings, or
    • Adjusting the description of goods or services to ensure precision.

    These permissible changes do not affect the mark’s identity or its usage. The Registrar reviews each modification request carefully and decides whether the alteration is minor or material.

    NON-PERMISSIBLE CHANGES

    Certain changes are deemed substantial and therefore cannot be incorporated into an existing application. These include:

    • Altering the word mark, logo, or design;
    • Changing the claimed date of first use;
    • Switching the trademark category (e.g., from a word mark to a device mark);
    • Modifying the class under which the mark was filed; or
    • Significantly revising the mark’s trade description.

    In such cases, a new trademark application must be filed, as allowing these modifications would alter the essence of the mark, potentially affecting third-party rights and public notice.

    REGISTRAR’S ROLE

    PRE-REGISTRATION MODIFICATIONS

    The Registrar of Trademarks holds the discretion to determine whether a proposed amendment is permissible. If the registry identifies errors in a filed application, it may mark the application as “Formalities Check Fail.” The applicant is then notified of the deficiencies and allowed to correct and resubmit the application. This step ensures transparency while preventing fraudulent or misleading alterations.

    POST-REGISTRATION MODIFICATIONS

    After a trademark is registered, changes are governed by a distinct legal framework. Any modification to a registered trademark or its ownership details must be made through Form TM-P. These post-registration amendments typically involve administrative updates rather than design or substantive modifications.

    PROCEDURE FOR FILING A MODIFICATION

    Whether pre- or post-registration, the process for requesting a modification is fairly systematic:

    The process starts by visiting the trademark portal:

    1. Choose the Form: Choose the correct form (TM-M or TM-P) based on the nature and stage of the modification.
    2. Fill the information: Fill in all the information asked in Form TM-M or TM-P.
    3. E-signature: Provide the E-signature and complete the form.
    4. Pay the Prescribed Fee: Fees vary depending on the modification type and mode of filing (online or physical).
    5. Submit to the Registry: Applications can be filed online via the official IP India portal or physically at the relevant office.
    6. Decision and Record Update: Once satisfied, the Registrar records the amendment in the official register and issues an acknowledgment.

    CONCLUSION

    Understanding the difference between Form TM-M and Form TM-P is essential for anyone involved in the trademark process. While Form TM-M is used for making corrections or miscellaneous requests before registration, Form TM-P is exclusively meant for post-registration changes to ensure the trademark record remains accurate and updated. Using the correct form at the right stage not only ensures procedural compliance but also helps maintain the integrity of the trademark register. By following the prescribed procedures and respecting the limits of permissible modifications, applicants and proprietors can safeguard their brand identity, avoid legal complications, and uphold the credibility of their intellectual property.

    With expert guidance from TMWala, applicants and proprietors can file these forms accurately, manage trademark modifications efficiently, and safeguard their brand identity with complete legal assurance.

    FAQs

    1. What is Form TM-M?

    It’s a Form used for corrections or miscellaneous requests before trademark registration.

    1. What is Form TM-P?

    It’s a Form used for making post-registration changes to a registered trademark.

    1. Can I change my logo or word mark using these forms?

    No, major changes like logos or names need a new trademark application.

    1. When should I use TM-M?

    Use TM-M for minor errors, address updates, or extension requests.

    1. How can TMWala help?

    TMWala guides you in choosing the right form and filing it correctly.

  • RENEWAL OF A TRADEMARK REGISTRATION

    INTRODUCTION

    A trademark is more than just a logo or symbol; it is the identity of a business that distinguishes its goods and services from those of competitors. It represents the reputation, quality, and trust a brand has built with its customers. However, the legal protection granted to a registered trademark is not perpetual. Under the Trade Marks Act, 1999, a trademark in India remains valid for a period of ten years and must be renewed periodically to maintain its exclusive rights and protection.

    This article provides a detailed overview of the importance of trademark renewal, its validity period, the procedure for renewal, the required documentation and fees, and the timeframe prescribed by law. It also highlights the Registrar’s mandatory notice process and key points every trademark owner should remember to keep their mark active and protected under Indian law.

    Renewing a trademark is, therefore, a critical process that ensures uninterrupted ownership and continued legal safeguarding of your brand. Failure to renew within the prescribed timeline could result in the removal of the mark from the register, leading to potential loss of brand identity and business goodwill.

    IMPORTANCE OF TRADEMARK RENEWAL

    Renewing a trademark is not just a legal formality; it safeguards the rights and privileges granted to the trademark owner. A valid registration ensures:

    • Protection Against Infringement: Renewal prevents others from using an identical or deceptively similar mark, thereby protecting the brand’s identity and reputation.
    • Legal Ownership and Monetary Value: Only a registered trademark can be transferred, franchised, or licensed to another entity, offering significant commercial benefits.
    • Continuous Business Identity: Renewal helps maintain the goodwill and trust a brand has built over the years. Losing a registration could lead to costly legal disputes or even the loss of exclusive brand ownership.

    TMWala can assist businesses in ensuring they never miss a renewal deadline by offering timely reminders, expert consultation, and complete support throughout the renewal process, helping you maintain your brand protection without hassle.

    VALIDITY AND RENEWAL PERIOD

    As per Section 25 of the Trade Marks Act, 1999, a trademark registration in India is valid for ten years from the date of application. The trademark can then be renewed for successive periods of ten years indefinitely, provided the renewal process is completed on time.

    The Trade Mark Rules, 2017, implemented by the Government of India on 6th March 2017, further simplified and streamlined the process, promoting digital filing and faster processing.

    PROCEDURE FOR TRADEMARK RENEWAL

    The renewal process ensures that your mark remains active and protected under Indian law. Here’s a step-by-step overview:

    1. Receiving a Renewal Reminder

    The Registrar of Trademarks issues a reminder letter six months before the trademark’s expiration date, notifying the proprietor about the upcoming renewal.

    1. Choosing a Renewal Option

    At the time of renewal, the trademark owner can:

    • Renew the existing trademark without any changes, or
    • Renew it with alterations or modifications (such as updated logos or revised design elements).
    1. Filing Form TM-R

    The renewal application must be submitted using Form TM-R. This form can be filed either:

    • Physically at the Trademark Registry Office, or
    • Online through the official portal of the Indian Patent Office (IPO).

    The application can be filed by the registered owner, or through an authorized agent or representative.

    1. Examination and Review

    Once submitted, the Trademark Registry examines the application to ensure all details and documents are correct and comply with the prescribed rules.

    1. Publication in the Trademark Journal

    If the application is accepted, the renewal notice is published in the Trademark Journal. This allows the public to view the renewal and file any opposition if necessary.

    1. Issuance of Renewal Certificate

    Upon successful publication and resolution of any opposition, the Trademark Renewal Certificate is issued. This certificate confirms that the trademark has been renewed for another ten years.

    DOCUMENTS REQUIRED FOR TRADEMARK RENEWAL

    To initiate the renewal process, the applicant must provide the following documents:

    • Duly completed Form TM-R (Renewal Application)
    • Copy of the Trademark Registration Certificate
    • Copy of Form TM-A (used during the original registration)
    • Identity and address proof of the applicant
    • Power of Attorney (PoA), if the application is filed by an authorized representative or agent

    FEES FOR TRADEMARK RENEWAL

    The renewal fee depends on the mode of filing:

    • ₹10,000 – for applications submitted physically at the Trademark Office
    • ₹9,000 – for applications filed online through e-filing

    Choosing the e-filing option is generally faster, more cost-effective, and convenient. With TMWala, businesses can benefit from transparent pricing and professional filing support, minimizing the risk of rejection or delay.

    TIMEFRAME FOR FILING TRADEMARK RENEWAL

    The renewal process must be completed within the prescribed timeline to avoid penalties or cancellation. The applicable timelines are as follows:

    • Within one year before expiry – As per Rules 57 and 58 of the Trade Marks Rules, 2017
    • Within six months before expiry – As per Rules 63 and 64 of the Trade Marks Rules, 2002
    • Within six months after expiry – Renewal is still possible by paying an additional late fee

    Failure to renew within six months after expiry will result in the removal of the trademark from the Register of Trademarks.

    REGISTRAR’S MANDATORY NOTICE

    Before removing a mark from the register, the Office of the Registrar of Trademarks must issue a mandatory notice to the proprietor, informing them about the upcoming expiry and the deadline for renewal. If the renewal is not completed within the given time, the mark is removedbut can still be restored through the procedure mentioned above.

    KEY TAKEAWAYS

    • A trademark remains valid for 10 years and must be renewed periodically.
    • Renewal ensures continued legal protection, commercial advantage, and exclusive ownership rights.
    • Applications can be filed online or physically using Form TM-R.
    • Restoration is possible within one year after expiry, subject to additional fees.
    • Neglecting renewal for more than a year after expiry results in permanent removal from the register.

    CONCLUSION

    Renewing a trademark is not merely a procedural requirement but a vital step in safeguarding a brand’s identity, reputation, and legal rights. A valid and renewed trademark allows businesses to continue enjoying exclusive ownership, preventing others from misusing or imitating their brand. It also helps maintain the commercial value of the mark, enabling its transfer, licensing, or franchising opportunities in the future.

    By staying mindful of the renewal timelines, submitting the necessary documents, and complying with the prescribed process under the Trade Marks Act, 1999, and Trade Mark Rules, 2017, businesses can ensure uninterrupted protection of their intellectual property. Neglecting renewal could result in unnecessary legal complications or even loss of brand exclusivity. Therefore, timely renewal is not just about compliance; it’s about preserving the legacy and strength of a brand in the marketplace.

    TMWala simplifies this process through expert guidance, timely tracking, and hassle-free filingensuring your trademark remains protected at all times.

    FAQs

    1. How long is a trademark valid?
      A trademark is valid for 10 years and can be renewed indefinitely.
    2. When should I renew my trademark?
      Renew up to 1 year before expiry or within 6 months after expiry (late fee applies).
    3. How much does renewal cost?
      ₹10,000 for physical filing, ₹9,000 for online filing via platforms like TMWala.
    4. What if I miss the renewal deadline?
      You can restore it within 1 year after expiry by paying an additional fee.
    5. How can TMWala help?
      TMWala handles filing, documents, and reminders to ensure timely renewal.

  • HOW TO FILE AN IP INFRINGEMENT COMPLAINT IN INDIA

    INTRODUCTION

    In today’s competitive business world, a brand is much more than just a name or logo; it represents trust, reputation, and the promise of quality to customers. Protecting this identity is vital, as unauthorized use of your brand by others can lead to confusion among consumers, damage to your goodwill, and financial losses. This guide provides a comprehensive overview of how to file an IP infringement complaint in India, detailing the legal process, key considerations, and practical steps to protect your trademark rights effectively.

    Trademark infringement is a common challenge for businesses of all sizes. In India, the Trademarks Act, 1999, provides a clear legal framework to protect registered trademarks and offers remedies for infringement. Understanding what constitutes infringement, how to take action, and the steps involved in filing a complaint is essential for safeguarding your brand and ensuring its long-term value.

    TMWala can assist businesses by providing expert guidance on assessing potential infringements and preparing the necessary legal documentation, making the process of protecting your brand smoother and faster.

    WHAT IS TRADEMARK INFRINGEMENT?

    Trademark infringement occurs when a person or business uses a trademark that is identical or deceptively similar to a registered trademark, leading to confusion among consumers or damaging the goodwill of the original brand.

    LEGAL FRAMEWORK GOVERNING TRADEMARK INFRINGEMENT IN INDIA

    The Trademarks Act, 1999, is the primary legislation that governs trademarks in India. It outlines the rights of trademark owners and provides remedies in case of infringement. Some key provisions to be aware of include:

    • Section 28: Rights conferred upon registration of a trademark.
    • Section 29: Defines the acts that constitute infringement of a registered trademark.
    • Section 134: Determines the jurisdiction for filing a trademark infringement suit.
    • Section 135: Specifies the reliefs and remedies available in infringement cases.

    Understanding these provisions is crucial before initiating any legal action.

    Businesses can leverage TMWala’s expertise to understand these provisions clearly and identify the best course of action before initiating any legal proceedings.

    TYPES OF TRADEMARK INFRINGEMENT

    Trademark infringement can take multiple forms. Broadly, it falls into two categories:

    1. Direct Infringement: When a party uses a mark that is identical or deceptively similar to a registered trademark without consent, causing confusion among consumers.
    2. Indirect Infringement: While not explicitly mentioned in the Act, this occurs when a third party aids or facilitates infringement, such as a distributor selling counterfeit goods knowingly.

    STEPS TO TAKE BEFORE FILING A TRADEMARK INFRINGEMENT COMPLAINT

    Before moving into legal proceedings, certain preparatory steps can strengthen your case:

    1. Registered Trademark: Only registered trademark owners can file a suit under the Trademarks Act. Unregistered trademarks may still be protected under common law through a “passing off” action, though the burden of proof is higher.
    2. Evidence of Use: Gather documents that prove your trademark’s use in commerce, such as packaging, advertisements, invoices, or social media promotions.
    3. Document the Infringement: Collect evidence showing the unauthorized use, including screenshots, photographs of products, promotional material, or online listings.

    Proper documentation is critical for demonstrating the existence of infringement and the impact on your brand.

    STEP-BY-STEP GUIDE TO FILING A TRADEMARK INFRINGEMENT COMPLAINT

    1. Send a Cease-and-Desist Notice

    Before approaching the court, it is standard to issue a cease-and-desist notice. This legal communication warns the infringer to stop using the mark immediately. It should include:

    • Your trademark rights and registration details.
    • Evidence of the infringing activity.
    • A clear deadline for the infringer to comply.

    This notice provides an opportunity for a resolution, avoiding prolonged litigation.

    2. Prepare Documents

    If the cease-and-desist notice is ignored, begin preparing formal legal documentation. Key documents include:

    • A copy of the trademark registration certificate.
    • Evidence of market presence, such as advertisements or sales figures.
    • Samples or screenshots of the infringing mark in use.
    • Proof of consumer confusion or reputational damage.

    Having thorough documentation strengthens your case significantly.

    3. Determine the Proper Jurisdiction

    Under Section 134 of the Trade Marks Act, a trademark infringement suit can be filed in the court where the trademark owner resides or carries on business. Choosing the appropriate jurisdiction ensures convenience and better access to evidence.

    4. File a Civil Suit

    Trademark infringement is primarily a civil matter in India. Filing a suit involves submitting a plaint that includes:

    • Your legal standing and rights.
    • A detailed description of the infringement.
    • Evidence of damages or loss of goodwill.

    5. Seek Interim Relief

    In urgent cases, the court may grant temporary injunctions to prevent further misuse of the mark. Interim relief can include:

    • Restricting the infringer from using the mark.
    • Seizing counterfeit goods.
    • Freezing operations involving the disputed mark.

    This is especially important during product launches or peak business seasons.

    6. Court Proceedings and Final Judgment

    Once the suit is filed, the court will examine factors like:

    • Similarity between the marks.
    • Nature of goods or services.
    • Channels of trade.
    • Target consumers and the likelihood of confusion.

    If the court finds infringement, remedies may include a permanent injunction, damages, destruction of infringing goods, and legal cost recovery.

    IN CASE OF UNREGISTERED TRADEMARK?

    Even unregistered trademarks can be protected under common law through a passing off action. To succeed in such cases, you must prove:

    • The mark has acquired goodwill in the market.
    • There has been misrepresentation by the infringer.
    • Your business has suffered or is likely to suffer damage.

    While passing off actions are harder to prove, they remain an important remedy for unregistered marks.

    REMEDIES AVAILABLE FOR TRADEMARK INFRINGEMENT

    The courts in India can provide several remedies for trademark infringement:

    • Injunctions: To stop further use of the infringing mark.
    • Damages or Account of Profits: To compensate for financial loss or profits gained unlawfully.
    • Delivery-up and Destruction: Of counterfeit or infringing goods.
    • Recovery of Legal Costs: Covering expenses incurred during litigation.

    These remedies ensure that the rights of the trademark owner are protected comprehensively.

    Tips to Prevent Trademark Infringement

    • Register Early: Secure your trademark as soon as possible and renew it regularly.
    • Use the ® Symbol: Notify others that your mark is legally protected.
    • Educate Stakeholders: Make distributors, resellers, and employees aware of brand protection.
    • Act Quickly: Swift action against infringement strengthens your legal position.

    CONCLUSION

    Protecting your trademark is crucial, as it represents your brand’s reputation, trust, and customer loyalty. Trademark infringement can cause confusion, damage goodwill, and lead to financial losses. India’s Trademarks Act, 1999, provides strong legal remedies, including injunctions, damages, and destruction of infringing goods.

    Taking proactive stepssending a cease-and-desist notice, gathering evidence, filing a civil suit, and monitoring your brandhelps safeguard your rights. Even unregistered marks can be protected through passing off actions. Acting swiftly and educating stakeholders ensures your trademark remains distinctive and valuable, reinforcing your brand’s credibility in the market.

    TMWala can guide you through the entire process, from filing complaints to enforcing your rights, ensuring your trademark remains distinctive and valuable. Acting swiftly and educating stakeholders reinforces your brand’s credibility in the market.

    FAQs

    1. What is trademark infringement?
      Using a mark similar to yours that confuses customers or harms your brand. TMWala can spot infringements fast.
    2. Can I act on an unregistered trademark?
      Yes, via “passing off,” proving goodwill and damage. TMWala guides you through it.
    3. What should I do before filing?
      Register your trademark, gather proof, and document infringement. TMWala helps organize this.
    4. How to file a complaint?
      Send a cease-and-desist, prepare documents, file a civil suit, seek interim relief. TMWala supports each step.
    5. What remedies can I get?
      Injunctions, damages, destruction of infringing goods, and legal cost recovery, enforced with TMWala’s help.

  • Design Rights of Copyright Artistic Work: The Supreme Court Resolves The IP Overlap

    INTRODUCTION

    The Supreme Court’s 2025 decision in Cryogas Equipment Private Limited v. Inox India Limited marks a pivotal moment in Indian intellectual property (IP) jurisprudence, addressing the longstanding tension between copyright protection for artistic works and design protection for industrial products. The case arose from a dispute over engineering drawings for cryogenic storage tanks, where Inox alleged copyright infringement by Cryogas. The core of the matter was whether these technical drawings qualified as “artistic works” under the Copyright Act, or whether they were in fact industrial designs subject to the Designs Act and thus barred from copyright protection under Section 15(2) of the Copyright Act, 1957.

    The Supreme Court laid down a two-pronged test to resolve such overlaps. In this article, we are going to under the concept and the test laid down by the Hon’ble Supreme Court. The Court’s judgment provides a critical framework to distinguish between art and applied design, offering much-needed clarity for creators, businesses, and courts dealing with products that straddle the line between creative expression and industrial application.

    BACKGROUND OF THE CASE

    The Cryogas case emerged from a dispute between two companies involved in the manufacture of cryogenic storage tanks, large, specialized containers used to transport liquefied gases at extremely low temperatures. Inox India Ltd., a leading player in this industry, accused Cryogas Equipment Pvt. Ltd. of infringing copyright in certain engineering drawings that depicted the design and layout of these cryogenic tanks.

    Inox claimed that its technical drawings covering both the external tanker design and internal parts were original artistic works protected under Section 2(c)(ii) of the Copyright Act, 1957, which defines “artistic work” to include drawings, even if they are technical in nature. It argued that Cryogas had copied or closely replicated these drawings to manufacture similar cryogenic tankers, amounting to copyright infringement.

    Cryogas and a co-defendant countered with a crucial defense under Section 15(2) of the same Act. They argued that since the drawings had been used to produce more than 50 copies of a utilitarian product (tanks), the work had crossed the threshold set by Section 15(2), and therefore no longer enjoyed copyright protection. Under this provision, if a work that qualifies as a “design” is mass-produced without registration under the Designs Act 2000, its copyright protection is automatically extinguished.

    The matter had a procedural twist as well. The trial court initially dismissed Inox’s claim, accepting Cryogas’s legal argument and rejecting the plaint under Order VII Rule 11 CPC (on the basis that the suit was barred by law). However, the High Court reversed that decision and ordered a trial on the merits. The case ultimately reached the Supreme Court, with two key legal questions:

    1. Were Inox’s engineering drawings “artistic works” entitled to copyright?
    2. Or were they, in fact, unregistered “industrial designs,” thereby excluded from copyright by Section 15(2)?

    While the Supreme Court did not decide on the infringement claim itself, it laid down a two-pronged legal test to help lower courts distinguish between artistic works and designs, and sent the case back for a full trial.

    This case sits at the intersection of art, industry, and intellectual property law, highlighting how technical creativity, when applied to mass-manufactured products, must navigate both copyright and design regimes carefully.

    KEY LEGAL PROVISIONS REFERENCED IN THE CASE

    1. Section 15(2) of the Copyright Act, 1957: This is the central provision in the case. It states that if an artistic work is capable of being registered as a design under the Designs Act, and more than 50 copies of it are made by an industrial process, the work ceases to enjoy copyright protection unless it is registered under the Designs Act. This prevents perpetual copyright monopolies over mass-produced designs.
    2. Designs Act, 2000:Though not a section-specific citation, the Designs Act provides the exclusive framework for protecting industrial designs in India. It grants limited-term protection (10 years, with an additional 5-year extension) for designs that are novel and have visual or aesthetic appeal, as opposed to purely functional utility.
    3. Section 52(1)(w) of the Copyright Act, 1957 (Not applied but discussed): This section creates an exception to copyright infringement by allowing the conversion of 2D artistic works into 3D objects for use in a functional device, provided the artistic work depicts a functional part. Though not argued by the parties in this case, its relevance lies in distinguishing copyrightable artistic works from utilitarian applications.
    4. Order VII Rule 11 of the Code of Civil Procedure (CPC), 1908:This procedural rule was invoked by Cryogas to seek rejection of Inox’s plaint on the ground that the claim was barred by law (i.e., due to Section 15(2)). The Supreme Court rejected this procedural shortcut and held that the nature of the drawings and their copyright status required a full trial.

    CONCEPT LAID DOWN IN THE CASE

    The Supreme Court in Cryogas Equipment Pvt. Ltd. v. Inox India Ltd. (2025) laid down a clear and structured legal framework to distinguish between artistic works protected under copyright law and industrial designs governed by the Designs Act, 2000. The core concept that emerged from this judgment is the “Two-Pronged Test”, developed to address the overlap between these two intellectual property regimes and to give courts a consistent method for classification.

    The Two-Pronged Test: Core of the Cryogas Concept

    The Supreme Court formulated the following test (Para 60 of the judgment):

    1. Nature of the Work (Art or Design?)
      • Question: Is the work purely an artistic work deserving copyright?
        Or is it an industrial design derived from an artistic work and used in a mass-manufactured product?
      • If the work was created for industrial application and more than 50 copies were made, Section 15(2) applies; copyright is extinguished unless design registration was obtained.
      • Focus: Original intent and use of the work.
    2. Functional Utility (Design or Too Functional?)
      • Question: Even if the work is a design, does it have any visual appeal beyond its functional use?
      • If the design is purely dictated by function, it cannot be protected under the Designs Act either.
      • This test ensures that purely utilitarian features don’t get monopolized under IP law.
      • Focus: Whether the design is aesthetically distinguishable from its utilitarian purpose.

    TMWala offers legal clarity and documentation services to help assess whether your creation is best safeguarded under copyright or design law, helping avoid costly litigation or IP loopholes.

    BROADER LEGAL AND POLICY CONCEPTS ESTABLISHED

    1. Harmonization of IP Laws: The Court emphasized reading the Copyright Act and Designs Act in harmony, ensuring that creators do not bypass the time limit of design protection to claim perpetual copyright.
    2. Prevention of IP Overreach: It reaffirmed that copyright cannot be used as a backdoor to gain perpetual protection over industrial products that should have been registered under the Designs Act.
    3. Dominant Purpose Doctrine: The Court relied on the concept of dominant purpose. If the primary purpose of the design is functionality, it may not qualify even under design law, let alone copyright.
    4. International Parallels: The judgment drew from UK, U.S., and TRIPS frameworks, especially the U.S. “conceptual separability” doctrine, which distinguishes aesthetic features from functional ones for copyright purposes.
    5. Preserving the Public Domain: By reinforcing the 50-copy rule under Section 15(2), the Court reaffirmed a crucial policy objective: ensuring that industrially applied designs eventually enter the public domain unless protected under the Designs Act.

    With growing awareness of international standards, platforms like TMWala can also assist in aligning your IP protection with global best practices, essential for businesses with cross-border ambitions.

    CONCLUSION

    The Cryogas v. Inox (2025) judgment marks a significant development in Indian intellectual property law by clearly demarcating the boundaries between copyright and industrial design protection. The Supreme Court introduced a two-pronged test to determine whether a work qualifies as an artistic work under the Copyright Act or as a design under the Designs Act, and further examined whether a design is purely functional or has aesthetic value. The ruling emphasized that once an artistic work is applied to an industrial product and more than fifty copies are made, copyright protection ceases unless the design is duly registered.

    By doing so, the Court reinforced the intent behind Section 15(2) of the Copyright Act to prevent misuse of copyright as a means to gain perpetual monopoly over commercially exploited designs. The judgment also acknowledged the importance of evaluating functional utility and visual appeal, aligning Indian jurisprudence with international standards. Ultimately, the decision ensures a balanced approach that protects genuine artistic creativity while upholding the limited-term protection intended for industrial designs, preserving both innovation and public access.

  • INDIA IN THE GLOBAL TOP 10: WHAT 3.2 MILLION ACTIVE TRADEMARKS MEAN FOR BUSINESSES

    INTRODUCTION

    WIPO’s 2024 World Intellectual Property Indicators Report Spotlights India’s Unprecedented Rise in Innovation

    India is fast emerging as a global innovation powerhouse, a transformation firmly reflected in the World Intellectual Property Organization’s (WIPO) World Intellectual Property Indicators (WIPI) 2024 report. The country has reached a new milestone in its intellectual property (IP) journey, demonstrating exceptional performance across patents, trademarks, and industrial design applications. With dynamic growth figures and landmark achievements, India in the Global Top 10 underscores the nation’s impressive leap in global innovation rankings.

    According to WIPO’s latest findings, India has secured a spot in the global top 10 for all three major intellectual property (IP) rights: patents, trademarks, and industrial designs. This accomplishment solidifies India’s standing as a global player in the IP ecosystem. It reflects the nation’s increasing innovation capacity, robust domestic activity, and strategic government initiatives to nurture creativity, research, and entrepreneurship.

    EXCEPTIONAL RISE IN PATENT APPLICATIONS

    India’s surge in patent filings has garnered significant attention worldwide. The country recorded the fastest growth in patent applications in 2023, rising by +15.7 per cent, and marked its fifth consecutive year of double-digit growth. With a total of 64,480 patent filings, India now ranks sixth globally in terms of patent applications, following innovation leaders like China, the United States, Japan, and South Korea.

    A pivotal development in India’s IP landscape is that resident filings accounted for over half of all submissions (55.2 per cent)a first for the country. This marks a shift toward local innovation, showcasing the rising contribution of Indian universities, startups, and corporations in technology development. Such growth is also indicative of the country’s success in fostering a homegrown innovation ecosystem, aided by policy interventions like the National Intellectual Property Rights (IPR) Policy and campaigns like Atmanirbhar Bharat.

    Even more striking is the sharp 149.4 per cent increase in the number of patents granted in 2023 compared to the previous year, pointing to a more efficient and responsive patent office, improved application quality, and a maturing innovation environment.

    The patent-to-GDP ratio, a key measure of innovation intensity, rose significantly, from 144 in 2013 to 381 in 2023. This highlights how innovation is becoming a central pillar of India’s economic expansion.

    A BOOM IN INDUSTRIAL DESIGN APPLICATIONS

    Beyond patents, India is experiencing robust growth in industrial design filings. India’s industrial design applications surged by 36.4 per cent in 2023, highlighting the country’s growing focus on aesthetic and functional design in sectors like manufacturing, fashion, healthcare, and electronics. This rapid growth aligns with India’s ambition to become a global manufacturing hub with strong capabilities in design-driven value addition.

    Leading sectors in design filings include Textiles and Accessories, Tools and Machines, and Health and Cosmetics, which together account for nearly half of all design submissions. The boom in design applications represents not only creative development but also an enhanced focus on product differentiation and consumer engagement.

    India’s strong performance in industrial design reflects global trends where design is being leveraged as a strategic asset. The nation’s position is increasingly competitive, especially compared to economies like the U.S. and China, and its transformation into a design-oriented manufacturing hub is underway.

    TRADEMARKS IN INDIA

    While patents and designs have seen considerable growth, trademarks in India represent a powerful and consistent pillar of its IP ecosystem. India ranked fourth globally in trademark filings in 2023, with a 6.1 per cent increase over the previous year. This consistent performance signifies how vital trademarks have become to India’s dynamic business environment.

    Notably, nearly 90 per cent of these filings were by residents, underscoring the growing IP awareness and proactive branding efforts of Indian businesses, entrepreneurs, and startups. The rise in resident filings reflects a maturing business landscape that is increasingly leveraging trademarks to gain a competitive edge both locally and internationally.

    The trademark filing India trend reveals sectoral strength in Health (21.9 per cent), Agriculture (15.3 per cent), and Clothing (12.8 per cent). These sectors reflect India’s traditional and emerging strengths, from its globally recognized pharmaceutical sector to its growing food production and fashion industries.

    Digital platforms like TMWala are playing a crucial role. By simplifying the trademark registration process, TMWala helps businesses, especially startups and MSMEs, quickly file applications, check availability, and avoid infringement risks.

    BUILDING THE TRADEMARK DATABASE INDIA

    The sheer volume of trademarks filed has led to the development of a vast trademark database in India, making it a critical national asset. This database serves as a strategic repository for innovation, branding, and business identity. It also aids in monitoring, enforcement, and dispute resolution, streamlining the IP process for businesses and legal stakeholders.

    India’s trademark office holds the second-largest number of active registrations worldwide, with over 3.2 million trademarks in force. This statistic not only demonstrates India’s strong position in global brand protection but also reflects its robust IP infrastructure.

    TRADEMARK PROTECTION FOR BUSINESSES

    With IP awareness at an all-time high, trademark protection for businesses has become a fundamental strategy for ensuring brand identity, market share, and consumer trust. The steady rise in resident filings shows that Indian businesses are now prioritizing IP as a business-critical function, not merely a legal formality.

    This awareness is further supported by programs such as the National Intellectual Property Awareness Mission (NIPAM), which spreads knowledge about IP rights among students, startups, and MSMEs. Additionally, the Scheme for Pedagogy & Research in IPRs for Holistic Education and Academia (SPRIHA) has introduced IPR Chairs across academic institutions, fostering research and innovation literacy at an early stage. For more information, Visit: Press Release: Press Information Bureau

    Platforms like TMWala are instrumental in helping businesses, especially startups and SME,s conduct risk-free brand searches and register trademarks quickly and efficiently.

    A FOUNDATION OF GOVERNMENT SUPPORT

    India’s journey toward becoming a global IP leader is supported by an expansive suite of government initiatives. Since the launch of the National IPR Policy in 2016, India has undergone a significant transformation in how it handles IP from application to enforcement. Legal reforms, digitization of IP offices, and support structures like Technology Innovation Support Centres (TISC) have created a streamlined and accessible ecosystem.

    India’s vibrant startup ecosystem, backed by Startup India, Digital India, and Make in India, has further amplified IP creation. As of September 2024, the Department for Promotion of Industry and Internal Trade (DPIIT) had recognized 1,49,414 startups, many of which are active contributors to the IP landscape. Read More: Press Note Details: Press Information Bureau

    The Atal Innovation Mission (AIM), with over 10,000 Atal Tinkering Labs and 3,500 startups incubated, has played a pivotal role in fostering grassroots innovation, particularly among schoolchildren and university students. These efforts have significantly contributed to India’s robust IP growth and global standing.

    ACTIVE TRADEMARKS IN INDIA

    The existence of active trademarks in India, currently totalling over 3.2 million a testament to the vibrancy and competitiveness of the Indian market. It highlights how trademarks are being actively used to protect brands, products, and services across industries.

    This active trademark ecosystem ensures that India remains a prominent figure in global brand protection and enforcement. It also provides a powerful incentive for foreign companies looking to enter the Indian market, knowing that robust mechanisms exist to safeguard their IP.

    CONCLUSION

    India’s accomplishments in the WIPI 2024 report are not merely symbolic; they represent structural shifts in how the country views and utilizes intellectual property. As India in the Global Top 10 becomes a consistent reality, the nation is poised to not just keep pace with but shape global innovation trends.

    The combination of proactive government policies, a maturing startup ecosystem, a well-functioning IP office, and increasing awareness of IP rights among citizens has positioned India as a dynamic innovation hub.

    India’s IP growth trajectory is clear and upward. With focused investment in research and development, continued improvements in IP administration, and a growing base of resident inventors and entrepreneurs, India is not just participating in the global innovation economy; it is helping define it.

  • IIT INDORE’S DNA WATERMARKING BREAKTHROUGH: WHAT IT MEANS FOR BUSINESSES

    INTRODUCTION

    In an era where global semiconductor design chains involve multiple players, from IP vendors to system-on-chip integrators and third-party manufacturers, hardware intellectual property (IP) piracy has become an alarming issue. Unauthorized copying, false ownership claims, and insertion of malicious logic into hardware are serious concerns not only for companies but also for the safety and trust of end users.

    To counter this challenge, researchers at the Indian Institute of Technology Indore (IIT Indore) have taken a major leap in hardware cybersecurity. A team led by Professor Anirban Sengupta and Translational Research Fellow Aditya Anshul has developed a cutting-edge technology that introduces DNA watermarking into chip design. This groundbreaking solution is made to redefine the way designers protect their creations in the global semiconductor ecosystem.

    The innovation was recently published in the prestigious journal Nature Scientific Reports titled, “Biomimicking DNA Fingerprint Profiling for HLS Watermarking to Counter Hardware IP Piracy.” The research not only showcases the academic excellence of IIT Indore research but also underlines its real-world applicability in industries like multimedia, medical technology, machine learning, and digital signal processing.

    THE GROWING THREAT OF HARDWARE IP PIRACY

    Hardware IP piracy has become a serious concern due to the complexity of global design chains. Numerous stakeholders across continents are involved in developing and manufacturing a single chip. In such an interconnected ecosystem, the risk of theft or unauthorized modifications is exceptionally high.

    Often, pirated hardware designs can carry harmful logic or hidden vulnerabilities, which may evade traditional quality control methods. These hidden flaws can lead to system failures, data breaches, or even sabotage in critical applications such as medical devices or defence technology.

    Given the strategic and commercial value of semiconductor IP, the importance of securing such designs is paramount. In this context, the IIT Indore research initiative brings an innovative and highly promising solution to the forefront.

    DNA WATERMARKING

    Drawing inspiration from biology, the researchers developed a watermarking method that uses DNA fingerprinting as the foundational concept. Termed as DNA watermarking, this technique mimics how DNA sequences in living organisms are uniquely identifiable. The system creates a unique, vendor-specific digital watermark by generating a DNA-like sequence, which is then secretly embedded into the hardware design using computer-aided design (CAD) tools.

    “The watermarking method works by fragmenting DNA-like sequences, replicating them, and fusing them to create a highly unique DNA signature. This signature is then secretly embedded into the hardware design,” the research team noted.

    The embedded DNA signature serves as an invisible yet powerful proof of ownership, which can be verified later to resolve disputes, trace misuse, or validate authenticity. Importantly, this solution offers a secure method to protect against false ownership claims, a growing menace in the intellectual property domain.

    By enabling designers to embed a unique identity into their chip designs, this technique addresses the rising need for DNA watermarking for businesses looking to secure their proprietary hardware IP.

    TMWala, as a platform specializing in trademark protection, advisory, and IP portfolio management, can assist businesses in documenting, registering, and enforcing rights over watermark-enhanced IP.

    A WIDE RANGE OF APPLICATIONS

    The robustness of this DNA-based watermarking system allows it to be implemented across various high-impact domains. These include:

    • Image processing systems
    • JPEG-CODECs
    • CNN-based machine learning accelerators
    • QRS detectors for ECG monitoring
    • Cardiac pacemakers
    • Digital signal processing (DSP) units, including FIR filters, DCT, and FFT processors

    These are not just academic applications; these are real-world use cases where integrity, safety, and authenticity are non-negotiable. Embedding DNA watermarks in such systems ensures that they originate from genuine IP vendors, significantly reducing the risk of manipulation or counterfeiting during manufacturing or integration.

    WHY DNA AND NOT TRADITIONAL WATERMARKS?

    Traditional watermarking methods often involve inserting identifiable patterns or metadata into designs. However, these can sometimes be detected, reverse-engineered, or even removed by attackers.

    DNA watermarking, by contrast, operates at a much deeper and more intricate level. It mirrors biological complexity, making it exceedingly difficult to trace or tamper with. Just as each human has a unique DNA profile, each watermark generated under this system is highly specific to the vendor and the design. This enhances not just security but also traceability.

    Furthermore, this innovation touches upon emerging areas such as DNA data storage, where information is encoded into biological formats for long-term, ultradense storage. The convergence of biotechnology with chip design signals a new wave of interdisciplinary security innovations.

    A NEW MILESTONE FOR INTELLECTUAL PROPERTY INDIA

    This breakthrough from IIT Indore marks a significant contribution to intellectual property in India, an area that is becoming increasingly crucial for technological sovereignty and global competitiveness.

    As countries push for stronger local semiconductor ecosystems, protecting the IP developed within national borders is critical. Innovations such as this make it harder for IP theft to go unnoticed and easier for rightful owners to assert and prove ownership both legally and technically.

    This is especially relevant in light of India’s growing ambitions in semiconductor manufacturing and design under various national missions and public and private partnerships.

    TMWala offers IP protection audits, ensuring that companies developing advanced technologies like DNA watermarked chips are not only technically secure but also legally fortified.

    ALIGNING WITH BIOTECHNOLOGY RESEARCH INSTITUTES IN INDIA

    The innovation also builds a bridge between the fields of VLSI design and biotechnology research institutes in India. By using biological principles in chip-level security, the project exemplifies how interdisciplinary collaboration can yield groundbreaking solutions to persistent problems.

    The success of this project demonstrates the potential for more collaborative efforts between engineering institutions like IITs and life sciences institutes to tackle pressing cybersecurity challenges.

    INSTITUTIONAL SUPPORT AND LEADERSHIP

    Commenting on the achievement, Prof. Suhas Joshi, Director, IIT Indore, stated:

    “This groundbreaking innovation from IIT Indore reflects our commitment to addressing real-world challenges through deep-tech research. Protecting intellectual property in the semiconductor industry is vital for national security and global trust, and this work represents a significant step in that direction.”

    Prof. Anirban Sengupta, the Principal Investigator of the project, added:

    “Our DNA-based watermarking technology brings a novel layer of cybersecurity to hardware IPs by ensuring that each design carries a unique and verifiable identity. This advancement empowers IP vendors and designers to safeguard their innovations against piracy and misuse across the global semiconductor ecosystem.”

    These comments reflect a broader institutional commitment to high-impact research and innovation with global relevance. To know more, visit Article-29.pdf

    THE ROAD AHEAD

    While the technology is still in its early stages of deployment, its potential applications are vast. From chip design firms to government defence contractors, the ability to secure hardware IP using biologically inspired techniques offers an invaluable tool.

    Moreover, with the rise of AI and IoT, where devices are increasingly embedded with complex chips, ensuring hardware-level security is more critical than ever. Techniques like DNA watermarking for businesses will play an essential role in preserving innovation, safety, and trust.

    As industries and governments alike look to build more resilient and secure tech ecosystems, such as IIT Indore, research provides a much-needed solution for one of the semiconductor industry’s most urgent problems.

    CONCLUSION

    In summary, the DNA-based watermarking technology developed at IIT Indore represents a paradigm shift in the protection of hardware intellectual property. By drawing from the natural world and adapting it to modern security challenges, this innovation not only secures chip designs but also sets a new benchmark for intellectual property in India.

    This development is a testament to the possibilities that emerge when deep-tech research meets real-world needs. It highlights the critical role that biotechnology research institutes in India and technical universities can play together in shaping the future of cybersecurity, IP protection, and global technology trust.

    As we look to the future of secure innovation, platforms like TMWala will remain crucial allies, helping businesses not only protect what they build but also ensuring they have the legal muscle to stand against piracy and theft in an increasingly connected world.