Vutts View Issue 1 | July 2026 Aamna Hasan, Partner, Vutts & Associates LLP, Advocates A Trademark Need Not Be Formally Declared “Well-Known” to Claim Protection Under Section 11(2) of the Trade Marks Act Key Takeaways A trademark owner may invoke Section 11(2) of the Trade Marks Act, 1999 even if the mark has not been formally declared a “well-known trademark”, provided it satisfies the statutory criteria. Protection of a well-known trademark flows from its reputation and

On June 22, 2025, during the Milan Fashion Week, luxury fashion house Prada unveiled its Spring/Summer 2026 menswear collection at the Deposito of the Fondazione Prada in Milan. While the event attracted significant attention from the global fashion community, Prada soon made headlines for reasons beyond the runway. As part of its Spring/Summer 2026 collection, Prada introduced a series of flat, T-strap leather sandals that bore a striking resemblance to the traditional Kolha

In the matter of Vineet Kapur v. Registrar of Trademarks[1], the Hon’ble High Court of Delhi was recently tasked with addressing the registrability of numerical trademarks under Indian trademark law. The appeal arose under Section 91 of the Trade Marks Act, 1999 (the “Act”), following the rejection by the Registrar of Trade Marks of the Appellant’s application seeking registration of the mark “2929” in Class 3. The mark covered goods such as cosmetics, shampoos, soaps, and ot

Introduction The recent judgment of the Delhi High Court in Lotus Herbals Private Limited v. DPKA Universal Consumer Ventures Private Limited & Ors. [1] marks another significant development in Indian trademark jurisprudence, particularly on the recurring question of when a term is being used merely as a descriptor and when it crosses the line into trademark use. The Division Bench judgment in this case, reiterates that the defence of descriptive use cannot become a shield fo

In a decision with a far-reaching effect, the Division Bench of the Delhi High Court (“Court”) in Syngenta Ltd. vs. Controller of Patents...

Reputation, reputation, reputation! O! I have lost my reputation. I have lost the immortal part of myself, and what remains is bestial....

Vaibhav Vutts, is a practicing attorney at Delhi High Court and partner at Vutts & Associates LLP an Intellectual Property law firm.