India’s Trademark System Faces a Massive Backlog

India’s trademark system is facing a massive backlog, causing huge legal uncertainty for businesses. This problem was recently highlighted when the Rajasthan High Court heard a case where a trademark application for Breastone had been left pending by the Registrar for over fifteen years!

Is a 15-Year Wait for a Trademark Legal?

Imagine filing for a brand in 2010 and still not having an answer until 2025. This isn’t a “what if” – it’s a real case that rocked the Indian trademark system.

In today’s fast-moving global economy, your IP protection needs to move as fast as your business. When the system stalls for over a decade, it’s not just an administrative delay – it’s a violation of fundamental rights and a massive risk to your brand’s value.

Inspiration or Counterfeit? Where Exactly Is the Line?

The Adidas vs. Steve Madden case is one of the disputes that shows how thin the line between legal inspiration from trends and infringement of others’ rights can be. For years, Adidas has consistently protected its three-stripe motif – not as a general decorative idea, but as an element that identifies the brand, strongly rooted in the minds of consumers.

Dupe Culture Meets the Lunchbox: Uncrustables vs. Trader Joe’s

The growing popularity of ‘dupes’ and products inspired by well-known brands shows that even the food sector is not devoid of this trend. 🛒✨

An example would be J. M. Smucker Company v Trader Joe’s Company case, which concerned the infringement of the appearance of the Uncrustables product. 🥪🚫

Free Riding in Action: When ‘Inspired By’ Crosses the Line

One example of such a situation is the case of L’Oréal v Bellure NV (C-487/07), which concerned, among other things, comparative advertising of cheaper perfumes that directly or indirectly “suggested” to consumers that they were equivalent to well-known products.