Demystifying IP Law: A Practical Guide for Indian Brands

The first principle of trademarking a surname in India is that it must possess a distinctive character. Common names are generally not registrable to avoid confusion in the marketplace.

The first principle of trademarking a surname in India is that it must possess a distinctive character. Common names are generally not registrable to avoid confusion in the marketplace.

Here is a case example. The Delhi High Court ruled that a common surname like 'Aggarwal' could not be trademarked as it is also the name of a sect and lacks uniqueness.

Here is a case example. The Delhi High Court ruled that a common surname like 'Aggarwal' could not be trademarked as it is also the name of a sect and lacks uniqueness.

However, in another case, the Supreme Court held that the name 'Mahindra' had acquired a "secondary meaning" associated with a specific standard of goods, making it eligible for trademark protection.

However, in another case, the Supreme Court held that the name 'Mahindra' had acquired a "secondary meaning" associated with a specific standard of goods, making it eligible for trademark protection.

Legal Trivia: Do you need permission to play pre-recorded music in a public space like a shopping mall? Understanding public performance rights is crucial for any business to avoid copyright infringement.

Under the Copyright Act of 1957, a Public Performance License is required to play pre-recorded music in public, regardless of whether the venue is commercial or non-commercial.

This license must be obtained from Phonographic Performance Limited (PPL) India. It covers the lawful use of music on platforms like television, radio, and in physical venues.