Case Analyses & IP Insights

The Patents (Amendment) Rules 2024 changed Form 27 filing from annual to triennial. First consolidated deadline: 30 September 2026. No condonation mechanism. Penalties: up to INR 1,00,000 plus INR 1,000 per day of continuing default.

Delhi HC Division Bench restrained Kent RO from using KENT for fans despite well-known mark status. Kent Cables' prior use of KENT for electrical goods since 2006, combined with Kent RO's acquiescence and delay, established superior rights. Prior use prevails over registration and reputation.

DPIIT's January 2026 Concept Note proposes sweeping reforms: protection for virtual designs and GUIs, a 12-month grace period, deferred publication up to 30 months, revised 5+5+5 term, multiple-design applications, statutory damages up to ₹50 lakhs, and Hague Agreement accession.

The Maldives enacted Law No. 19/2025 on November 11, 2025 — its first statutory trademark framework. MIPO established from January 2026. Formal registration opens November 2026. Foreign applicants may register directly without local incorporation. Transition deadline: November 2027.

Substantive examination at DPDT Bangladesh effective from February 27, 2025 — replacing the earlier formality-only check. Single-class filing remains mandatory. Brand owners must recalibrate filing strategies fundamentally to account for relative grounds objections.

No regional ASEAN IP system exists — but disciplined sequencing of PCT national phases, Madrid Protocol designations, and market-tier prioritisation enables robust multi-country protection without redundant cost. A practical framework for brands and innovators.

On November 21, 2025 the CGPDTM accepted India's first-ever olfactory trademark — a rose-like floral fragrance on tyres by Sumitomo Rubber Industries — using a pioneering seven-dimensional olfactory vector developed by IIIT Allahabad to satisfy graphical representation requirements.

The Delhi HC Division Bench held patent revocation petitions under Section 64 remain maintainable even after patent expiry. Section 107 invalidity defence in an infringement suit does not preclude a separate revocation petition — they operate in personam and in rem respectively.