RNA, Technology and IP Attorneys
Asia-Pacific Guide 2024
About
RNA provides complete range of IP services, from clearance searches to filing and prosecution of trademark applications in India, Indian sub-continent, Trademark Transactional work, Trademark enforcement, oppositions and rectifications and IP strategy.
The prosecution team provides full range of trademark management services, from, strategizing, trademark clearance to advertising and label/packaging clearance, registration through to managing renewals, assignments, licensing, general maintenance.
The dispute resolution team at RNA provides robust and comprehensive services and advisory in contentious matters to clients from diverse domains.
The enforcement team at RNA, comprises lawyers, researchers, and investigators that have both in-house and private practice experience. Team RNA is trained to devise strategies to find business solutions to IP legal issues. In the last 10 years, the team has handled over 650 civil actions and more than 1100 criminal actions working with the local police. The team is experienced in handling infringement actions and devising a comprehensive enforcement campaign to create impact at both the manufacturing and distribution end. The firm works closely with businesses in understanding their priorities, distribution network, trade channels, and factors that affect their trade to devise enforcement campaigns that address both online and brick and mortar sales. RNA regularly advises clients on the most germane court for filing legal action and whether or not a civil or criminal option would be a viable option alongside provide individualized case management services at all stages of litigation. Additionally, the team has worked on numerous online infringement issues and have several on-going cases on digital issues and specific to e-commerce portals.
Trademark services at RNA cover complete transactional work from conducting due diligences in mergers & acquisitions and IP audits to drafting and negotiating licensing and franchising agreements. The firm has developed expertise in filing and prosecuting international applications through the Madrid protocol for their local as well as global clients.
RNA in a short period of time has won the trust of a number of Fortune 500 companies around the globe. The firm has, in its twenty years journey, developed a strong clientele in diversified business segments including Life Sciences, Information Technology, Electronics, Consumer and Luxury goods, Petrochemicals, Apparels, Sports and Fashion. The team manages substantial enforcement and IP filing and prosecution work in Bangladesh, Pakistan, Nepal, Bhutan, Sri Lanka and Maldives. Their extensive IP experience, ever evolving IP knowledge and close relationships with local lawyers and investigators enables them to take effective actions in these jurisdictions.
Ranked Offices
Provided by RNA, Technology and IP Attorneys
- Gurgaon401-402, 4th Floor, Suncity Success Tower Sector – 65, Golf Course Extension Road, National Capital Region (Haryana) , Gurgaon, Haryana, India, 122 005
- Web: www.rnaip.com
- Tel: +91-124-4296 999
- View ranked office
RNA, Technology and IP Attorneys rankings
Articles, highlights and press releases
46 items provided by RNA, Technology and IP Attorneys
Perils of protecting surname such as ‘Jindal’
The Plaintiff, Jindal Industries Private Limited (JIPL), relying on its rights in the registered trademark JINDAL filed the suit against the Defendants, Suncity Sheets Private Limited (Suncity) and Ors, alleging trademark infringement, passing off, etc.
High Court applies ‘doctrine of necessity’ on seeing huge pendency at IPAB
The petitioner in this writ sought High Court’s intervention to hear Appeal against the order of the Deputy Controller of Patents and Designs dismissing the pre-grant opposition filed by the petitioner and granting the patent in respect of ‘Methods of Evaluating Peptide Mixtures’.
Court upholds Bata’s right in ‘POWER’ brand, admonishes ‘Red Chief’ camel-in-the-tent approach
Bata India Limited (Bata) and Leayan Global Pvt. Ltd and others (Leayan)) operating in the footwear industry vie for the mark ‘POWER’ before the Delhi High Court.
Amazon, Snapeal, Flipkart and other e-commerce platforms stopped from selling Amway products
A batch of seven suits with overlapping issues was heard together by the Delhi High Court. The suits were filed by three direct selling entities, against various entities who are either running e-commerce platforms or are sellers on the said platforms.
MRF failed to show that Metro had copied the substance, and the kernel of their advertisement
This article discusses case brought by MRF Limited (MRF) against Metro Tyres (Metro) for copying concept of MRF NV, REVZ range of tires.
Court not impressed with Asus finding Zen in mobile phones
Two mobiles companies are at loggerheads over use of ZEN as a brand. Teleecare Network India Pvt. Ltd. (Teleecare) had filed suit for trademark infringement and passing off seeking an injunction against Asus Technology Pvt. Ltd. (Asus).
Goodwill whether Territorial or Universal
The instant dispute between two entities in the hospitality industry over the mark INTERCITY for hotels revolves around prior adoption and use; whether use has to be considered in India or international use and adoption can be relied upon to claim superior rights.
Court holds owner of Trademarks are not expected to pursue every Infringer
Nizam, the title of ruler of Hyderabad in 18th century is known to Delhites as a restaurant chain that sells kebab rolls. The restaurant chain NIZAM’S is seeking to restrain its former franchisee from using the mark ‘New Nizam’s Kababs and Biryani’.
Beauty may be ‘heavenly’ but not justifies use of ‘Miss Heaven’
Two cosmetic firms are at loggerheads over trademark rights in ‘Heaven’ for use in relation to cosmetics.
Supreme Court sets aside order in Monsanto case
The new year brought new hopes for Monsanto with the Supreme Court setting aside a Division Bench order of the Delhi High Court dated April 11 2018 which held the Monsanto patent for Bt cotton invalid.
Court holds “Orchid” for education services is distinctive
Two education societies based in Pune are up in arms over use of the mark ORCHID in relation to providing education services/ running of a school. The present post discusses Appeal preferred by Sipra Education Society (Sipra) against the order of Pune District Court restraining them from usingOrchid
No Novelty in crocs clog shoe Design
a setback for Crocs as not only the injunction was set aside and design held to lack novelty but also the court came down quite heavily on Crocs.
A guide to protecting geographical indications in India
Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries.
Crypto is not a ‘currency” as per new ASCI guidelines on Virtual Digital Assets
The Indian government in its annual Budget presented for the financial year 2022-23 for the first time defined Virtual Digital Assets (VDA), which includes both crypto and NFT. The government also introduced a special provision to tax gain made on VDA trading by 30%.
Madras High Court dismisses claim of exclusivity over ‘ARUN’ and rules it is a common Indian name
Hatsun Agro Product Ltd (Hatsun) and Sri Ganapathy Dairy (Ganapathy) wrestle out the use of brand name Arun for ice cream and ghee (clarified butter). Hatsun asserts rights over ARUN trademark before the Madras High Court, alleging trademark infringement and passing off.
Supreme Court intervenes to expedite disposal of IPR Cases
The Supreme Court directed the Registrar General of the Delhi High Court to report about the total number of pending IPR suits at the Delhi High Court.
No exclusivity in the word ‘Premier’, says Delhi High Court
In Premier SPG and WVG Mills Pvt Ltd v Football Association Premier League Ltd, the Delhi High Court has considered anappeal filed by Premier SPG and WVG Mills Pvt Ltd (‘the appellant’) against the rejection of its opposition to the registration ofthe mark PREMIER LEAGUE (depicted below) in Class 25
Calcutta High Court Rules Graphical User Interface (GUI) qualifies for Design Protection
The ruling of the Court is a welcome step toward the protection and enforcement of GUI, which acts as an essential differentiator for “handheld” devices.
TVS fails to restrain use of identical mark TVS for security cameras
This is an order passed by the Division Bench (Two Judge bench) of the Madras High Court in an appeal against the order of the Single Judge. The Plaintiff, TVS Electronics Limited, filed the suit against the Defendant, Jitender Kumar, alleging trademark infringement, passing off, etc., and to restra
Britannia prevails over ITC in trade dress tussle
An order passed by the Division Bench (Two Judge Bench) of the Madras High Court in an appeal against the order of the Single Judge granting an injunction in favour of Britannia Industries. The Plaintiff, Britannia Industries Limited (Britannia) filed the suit against the Defendant, ITC, before the
High Court dismisses suit finding delay and acquiescence
Two entities using an identical mark/name ‘Addison’ are at logger heads. The Plaintiff, Addison & Company Limited filed the suit against the Defendant, Addison Cable Pvt. Ltd, before the Madras High Court, alleging trademark infringement, passing off, etc.
Self-contradictory statements haunt the Plaintiff
Bombay High Court in an appeal filed against the order of the District Judge-4, Pune. The word ‘ANNA’ is the bone of contention among two entities dealing in South Indian delicacies.
Delhi Court holds undue delay in passing the final order by the Patent Office is arbitrary
The court in its order noted, “Though no specific time period has been prescribed for passing of orders after concluding oral hearings, the Patent Office is expected to pass the same within a reasonable period. The period cannot be beyond 3-6 months.
Self-contradictory statements haunt the Plaintiff
Bombay High Court in an appeal filed against the order of the District Judge-4, Pune. The word ‘ANNA’ is the bone of contention among two entities dealing in South Indian delicacies.
Delhi High Court awards ten lacs damages in a TM infringement and passing off suit filed by Puma
The use of the ‘PUMA’ mark and logo by Defendant on inferior quality products would not only violate Plaintiff’s statutory and common law rights but will also lead to erosion of Plaintiff’s brand equity and result in dilution of the marks.
Appolo Burn Hospital successfully asserts acquiescence and delay against Apollo Hospitals
The Court allowed the application to set aside the injunction filed by the Defendant and allowed Appolo Burn Hospital to use the name.
Delhi High Court asks INTEX to pay Royalty for use of Ericsson’s Standard Essential Patents
The Court found that Ericsson had shown in its cross-appeal that “the terms suggested by Ericsson are prima facie FRAND terms” and that “to ensure parity with other implementers, Intex must pay in full for the past use of the Standard Essential Patents.”
Drugs are prescribed based on their perceived efficacy
The Court injuncted ‘Smart Laboratories’ from using the mark ‘AZIWAKE’, with or without any prefixes or suffixes, in respect of pharmaceutical preparations or for any other allied of cognate goods or services, holding the mark to be phonetically similar to the DRL’s ‘AZIWOK’.
Delhi High Court Sets Out Contours of Shape Mark Protection
The case involved refusal of a trademark application for the shape of a knitting needle in Class 26 in respect of ‘knitting needles and crochet hooks’. The application was found objectionable by the Trade Marks Registry as not being distinctive under Section 9(1)(a) and 9(1)(b) of the TradeMarks Act
Source of the ‘common knowledge’ essential to conclude Patent lacking Inventive step
The Delhi High Court in an Appeal against the Order of Controller of Patents in Agfa NV & anr vs The Assistant controller of patents and designs & anr [C.A.(COMM.IPD-PAT) 477/2022] discusses what constitutes ‘Common General Knowledge’ and lays down important principles and explanations for raising s
Perils of protecting surname such as ‘Jindal’
The Plaintiff, Jindal Industries Private Limited (JIPL), relying on its rights in the registered trademark JINDAL filed the suit against the Defendants, Suncity Sheets Private Limited (Suncity) and Ors, alleging trademark infringement, passing off, etc.
High Court applies ‘doctrine of necessity’ on seeing huge pendency at IPAB
The petitioner in this writ sought High Court’s intervention to hear Appeal against the order of the Deputy Controller of Patents and Designs dismissing the pre-grant opposition filed by the petitioner and granting the patent in respect of ‘Methods of Evaluating Peptide Mixtures’.
Court upholds Bata’s right in ‘POWER’ brand, admonishes ‘Red Chief’ camel-in-the-tent approach
Bata India Limited (Bata) and Leayan Global Pvt. Ltd and others (Leayan)) operating in the footwear industry vie for the mark ‘POWER’ before the Delhi High Court.
Amazon, Snapeal, Flipkart and other e-commerce platforms stopped from selling Amway products
A batch of seven suits with overlapping issues was heard together by the Delhi High Court. The suits were filed by three direct selling entities, against various entities who are either running e-commerce platforms or are sellers on the said platforms.
MRF failed to show that Metro had copied the substance, and the kernel of their advertisement
This article discusses case brought by MRF Limited (MRF) against Metro Tyres (Metro) for copying concept of MRF NV, REVZ range of tires.
Court not impressed with Asus finding Zen in mobile phones
Two mobiles companies are at loggerheads over use of ZEN as a brand. Teleecare Network India Pvt. Ltd. (Teleecare) had filed suit for trademark infringement and passing off seeking an injunction against Asus Technology Pvt. Ltd. (Asus).
Goodwill whether Territorial or Universal
The instant dispute between two entities in the hospitality industry over the mark INTERCITY for hotels revolves around prior adoption and use; whether use has to be considered in India or international use and adoption can be relied upon to claim superior rights.
Court holds owner of Trademarks are not expected to pursue every Infringer
Nizam, the title of ruler of Hyderabad in 18th century is known to Delhites as a restaurant chain that sells kebab rolls. The restaurant chain NIZAM’S is seeking to restrain its former franchisee from using the mark ‘New Nizam’s Kababs and Biryani’.
Beauty may be ‘heavenly’ but not justifies use of ‘Miss Heaven’
Two cosmetic firms are at loggerheads over trademark rights in ‘Heaven’ for use in relation to cosmetics.
Supreme Court sets aside order in Monsanto case
The new year brought new hopes for Monsanto with the Supreme Court setting aside a Division Bench order of the Delhi High Court dated April 11 2018 which held the Monsanto patent for Bt cotton invalid.
Court holds “Orchid” for education services is distinctive
Two education societies based in Pune are up in arms over use of the mark ORCHID in relation to providing education services/ running of a school. The present post discusses Appeal preferred by Sipra Education Society (Sipra) against the order of Pune District Court restraining them from usingOrchid
No Novelty in crocs clog shoe Design
a setback for Crocs as not only the injunction was set aside and design held to lack novelty but also the court came down quite heavily on Crocs.
A guide to protecting geographical indications in India
Geographical Indications (GI) constitute an important category of intellectual property (IP) law and are of particular significance to some countries.
Crypto is not a ‘currency” as per new ASCI guidelines on Virtual Digital Assets
The Indian government in its annual Budget presented for the financial year 2022-23 for the first time defined Virtual Digital Assets (VDA), which includes both crypto and NFT. The government also introduced a special provision to tax gain made on VDA trading by 30%.
Madras High Court dismisses claim of exclusivity over ‘ARUN’ and rules it is a common Indian name
Hatsun Agro Product Ltd (Hatsun) and Sri Ganapathy Dairy (Ganapathy) wrestle out the use of brand name Arun for ice cream and ghee (clarified butter). Hatsun asserts rights over ARUN trademark before the Madras High Court, alleging trademark infringement and passing off.
Supreme Court intervenes to expedite disposal of IPR Cases
The Supreme Court directed the Registrar General of the Delhi High Court to report about the total number of pending IPR suits at the Delhi High Court.
No exclusivity in the word ‘Premier’, says Delhi High Court
In Premier SPG and WVG Mills Pvt Ltd v Football Association Premier League Ltd, the Delhi High Court has considered anappeal filed by Premier SPG and WVG Mills Pvt Ltd (‘the appellant’) against the rejection of its opposition to the registration ofthe mark PREMIER LEAGUE (depicted below) in Class 25
Calcutta High Court Rules Graphical User Interface (GUI) qualifies for Design Protection
The ruling of the Court is a welcome step toward the protection and enforcement of GUI, which acts as an essential differentiator for “handheld” devices.
TVS fails to restrain use of identical mark TVS for security cameras
This is an order passed by the Division Bench (Two Judge bench) of the Madras High Court in an appeal against the order of the Single Judge. The Plaintiff, TVS Electronics Limited, filed the suit against the Defendant, Jitender Kumar, alleging trademark infringement, passing off, etc., and to restra
Britannia prevails over ITC in trade dress tussle
An order passed by the Division Bench (Two Judge Bench) of the Madras High Court in an appeal against the order of the Single Judge granting an injunction in favour of Britannia Industries. The Plaintiff, Britannia Industries Limited (Britannia) filed the suit against the Defendant, ITC, before the
High Court dismisses suit finding delay and acquiescence
Two entities using an identical mark/name ‘Addison’ are at logger heads. The Plaintiff, Addison & Company Limited filed the suit against the Defendant, Addison Cable Pvt. Ltd, before the Madras High Court, alleging trademark infringement, passing off, etc.
Self-contradictory statements haunt the Plaintiff
Bombay High Court in an appeal filed against the order of the District Judge-4, Pune. The word ‘ANNA’ is the bone of contention among two entities dealing in South Indian delicacies.
Delhi Court holds undue delay in passing the final order by the Patent Office is arbitrary
The court in its order noted, “Though no specific time period has been prescribed for passing of orders after concluding oral hearings, the Patent Office is expected to pass the same within a reasonable period. The period cannot be beyond 3-6 months.
Self-contradictory statements haunt the Plaintiff
Bombay High Court in an appeal filed against the order of the District Judge-4, Pune. The word ‘ANNA’ is the bone of contention among two entities dealing in South Indian delicacies.
Delhi High Court awards ten lacs damages in a TM infringement and passing off suit filed by Puma
The use of the ‘PUMA’ mark and logo by Defendant on inferior quality products would not only violate Plaintiff’s statutory and common law rights but will also lead to erosion of Plaintiff’s brand equity and result in dilution of the marks.
Appolo Burn Hospital successfully asserts acquiescence and delay against Apollo Hospitals
The Court allowed the application to set aside the injunction filed by the Defendant and allowed Appolo Burn Hospital to use the name.
Delhi High Court asks INTEX to pay Royalty for use of Ericsson’s Standard Essential Patents
The Court found that Ericsson had shown in its cross-appeal that “the terms suggested by Ericsson are prima facie FRAND terms” and that “to ensure parity with other implementers, Intex must pay in full for the past use of the Standard Essential Patents.”
Drugs are prescribed based on their perceived efficacy
The Court injuncted ‘Smart Laboratories’ from using the mark ‘AZIWAKE’, with or without any prefixes or suffixes, in respect of pharmaceutical preparations or for any other allied of cognate goods or services, holding the mark to be phonetically similar to the DRL’s ‘AZIWOK’.
Delhi High Court Sets Out Contours of Shape Mark Protection
The case involved refusal of a trademark application for the shape of a knitting needle in Class 26 in respect of ‘knitting needles and crochet hooks’. The application was found objectionable by the Trade Marks Registry as not being distinctive under Section 9(1)(a) and 9(1)(b) of the TradeMarks Act
Source of the ‘common knowledge’ essential to conclude Patent lacking Inventive step
The Delhi High Court in an Appeal against the Order of Controller of Patents in Agfa NV & anr vs The Assistant controller of patents and designs & anr [C.A.(COMM.IPD-PAT) 477/2022] discusses what constitutes ‘Common General Knowledge’ and lays down important principles and explanations for raising s