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Insights · Trademark

Trademark

Legal analysis and practical guidance on cross-border business, disputes, corporate, employment and IP matters across India and the UAE — including the Legal Help Desk, our Q&A column on the problems clients actually meet.

Intellectual Property

UAE Introduces New Trademark Fee Regime: What Businesses and IP Owners Need to Know

The UAE Cabinet, through Cabinet Resolution No. (102) of 2025, has approved a comprehensive update to the Ministry of Economy’s (MoE) fee schedule governing trademark services. This reform modernizes the UAE’s trademark system in line with international standards and reinforces the country’s growing focus on innovation and intellectual property protection.  The updated fees will take […]

Hemakshi Prabhu · 31 Oct 2025 · 6 minRead →
India

Beyond Logos: The Rise of Color, Sound & Smell Marks in India – Branding in the Age of Experience

Think of the distinctive Airtel jingle. Or the iconic, red-soled shoe crafted by Christian Louboutin. Or even the familiar whiff of popcorn that greets you at a movie theatre. These are not just products or advertisements; they are experiences. In the modern marketplace, brands are no longer confined to logos, slogans, and names. Instead, they […]

Hemakshi Prabhu · 11 Sep 2025 · 5 minRead →
India

McPatel vs. McDonald’s: A Defining Moment in India’s Trademark Jurisprudence

In a significant and unusual case unfolding in India’s intellectual property landscape, McPatel Foods Pvt Ltd, a Gujarat-based business, has brought legal action against the multinational fast-food conglomerate McDonald’s Corporation, challenging the latter’s claim of exclusive rights over the prefix “Mc” in India. The dispute not only raises critical questions regarding the scope of trademark […]

Hemakshi Prabhu · 29 Jul 2025 · 5 minRead →
India

Non-Use Cancellation & Defensive Marks in India

In a highly competitive marketplace, protecting a trademark goes beyond mere registration. Trademark owners—especially multinational companies—often seek to safeguard their marks even when they are not actively using them in a jurisdiction. Indian trademark law allows registration without immediate use, but it also imposes certain conditions to retain that protection. This article examines how Indian […]

Hemakshi Prabhu · 21 Jul 2025 · 5 minRead →
India

Trademark Watch and Enforcement in India: Building a Cost-Effective Strategy

In today’s fast-paced and digitally interconnected world, brand reputation and consumer trust can be undermined instantly through unauthorized use or infringement of trademarks. In India, where brand piracy and counterfeiting are significant challenges, building a cost-effective trademark watch and enforcement strategy is essential for any business seeking long-term protection of its intellectual property (IP).  This […]

Hemakshi Prabhu · 1 Jul 2025 · 5 minRead →
India

Haldiram India v. Berachah Sales Corp: A Landmark in Well-Known Trademark Protection

Introduction The Delhi High Court’s decision in Haldiram India Pvt. Ltd. v. Berachah Sales Corp. & Ors. stands as a defining moment in Indian trademark protection jurisprudence. The Court not only protected a leading Indian brand from infringement but also formally recognized HALDIRAM as a “well-known trademark” under Section 2(1)(zg) of the Trademarks Act, 1999. […]

Hemakshi Prabhu · 10 Jun 2025 · 6 minRead →
India

Amazon Fined ₹340 Crore by Delhi High Court for Trademark Infringement: A Landmark Ruling in Indian IP Law

In a landmark judgment that has sent ripples across the Indian e-commerce and intellectual property (IP) landscape, the Delhi High Court has imposed a hefty fine of ₹340 crore on Amazon Seller Services Pvt. Ltd. for trademark infringement. The case, filed by BHPC Associates LLC, owner of the globally recognized fashion brand Beverly Hills Polo […]

Hemakshi Prabhu · 5 Jun 2025 · 5 minRead →
Intellectual Property

Saudi Trademark Law vs. UAE, Bahrain, and Qatar: A Comparative Analysis

Trademark protection plays a vital role in safeguarding brand identity, promoting fair competition, and preventing consumer confusion. While the GCC countries (Gulf Cooperation Council)—including Saudi Arabia, UAE, Bahrain, and Qatar—share common goals for intellectual property (IP) development and have even adopted the GCC Trademark Law framework, each jurisdiction maintains distinct local procedures and nuances. This […]

Hemakshi Prabhu · 28 May 2025 · 5 minRead →
Intellectual Property

Trademark Classifications in Saudi Arabia: Choosing the Right Class for Your Business

When registering a trademark in Saudi Arabia, one of the most crucial decisions a business owner or brand representative must make is selecting the correct trademark class. This decision directly affects the scope of protection your trademark will receive and can have long-term legal and commercial consequences if done incorrectly.  In this article, we will […]

Hemakshi Prabhu · 23 May 2025 · 5 minRead →
Intellectual Property

From Mark to Market: Navigating Trademark Licensing and Franchising in Saudi Arabia

  Saudi Arabia, as the largest economy in the Middle East, offers an attractive and fast-growing market for businesses aiming to expand their brands through trademark licensing and franchising. However, businesses must navigate a complex and evolving legal landscape governed by the Saudi Trademark Law, Franchise Law, and various Ministry of Commerce (MoC) regulations to […]

Hemakshi Prabhu · 21 May 2025 · 6 minRead →