IP And Trademarks 29 September 2026
Design Rights Collapse: Trademark Still Holds in India
India’s trademark law allows a trademark to remain valid even if the associated design registration lapses. The issue resurfaced after Crocs found Indian makers, including Bata, selling look‑alike shoes in 2015, prompting questions on the durability of trademark protection when design rights expire.
Key points
- Crocs discovered in 2015 that Indian manufacturers such as Bata were selling footwear copying its design.
- Indian law separates design registration from trademark protection; a trademark can survive even if the design registration is cancelled or expires.
- The case highlights the need for brand owners to maintain both design and trademark registrations to fully protect their products.
For more details see the original article.
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