KHADI: A Trademark or GI?

Introduction Although the clash over ‘Khadi’ between the German company Khadi Naturprodukte and Khadi and Village Industries Commission (KVIC) is far from resolution, the latter has already filed another suit, this time against Fabindia for writing ‘Khadi’ over its products. The KVIC claims an exclusive right over the use of the mark ‘Khadi’, as it secured the registration of the said mark and has been using it for a few products since 1978. Considering the history and origin of Khadi it is debatable if Khadi should continue to hold the status of a registered trademark or it should instead be... Read More

Failed Battle of MP for GI Tag ‘Basmati’

The Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereinafter “Act”) was enacted to provide for the registration and better protection of geographical indications relating to goods. A geographical indication (hereinafter “GI”) is a sign used on products that have a specific geographical origin and possess qualities or a reputation that are due to that origin[1]. In order to function as a GI, the qualities, characteristics or reputation of the product should be essentially due to the place of origin since the qualities depend on the geographical place of production, there is a clear link between the product and... Read More

Why Class A Design?

The new legislation of Designs Act, 2002 has a different classification system than the old Designs Act, 1911. The old Act classified the designs on the basis of the material of which the article was made whereas the new Act classifies on the basis of the subject matter of the design i.e. the functionality. The new Act has adopted an international classification system the Locarno Classification System which is established by the Locarno Agreement.[1] It deals with the subject matter of the design which is to be registered. For instance, Class 9 deals with Packages and containers for the transport or... Read More