Pravin and Dhruv Anand of Anand and Anand offer practical tips for protecting and enforcing trademarks in India
During the lifetime of a mark, its owner must consider using a range of strategies to protect it. These need to be implemented during its adoption, use and registration, and also while opposing efforts by third parties to register similar marks.
Stay away from descriptions
A cardinal rule while adopting a trademark is to avoid descriptive and generic words. However, despite the red-letter caution, companies choose to ignore this warning. As a result they struggle to protect or enforce their marks even years after beginning to use them.
A case in point is the recent case of Marico Ltd v Agro Tech Foods Ltd. The plaintiff’s efforts to protect the brand “Low Absorb”, used in relation to edible oil, failed miserably in the Supreme Court.
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Pravin Anand is the managing partner of Anand and Anand and Dhruv Anand is a senior associate at the firm. They can be contacted at pravin@anandandanand.com and dhruv@anandandanand.com or by telephone on +91 120 4059300.
