Sai & Mehta

Sai & Mehta We are an IP Boutique law firm based in national capital New Delhi, India and focuses on all areas of Intellectual Property Rights and Litigation.

We are an IP Boutique law firm based in national capital New Delhi, India and focuses on all areas of Intellectual Property Rights and General Litigation. Our services and representation covers the gamut of patents, designs, copyrights, trademarks, geographical indications, domain names, cyber law, confidential information, trade secrets, technical know-how, technology licensing, commercialization

and other species of IP. We are serving clients of all sizes, in a variety of industries, domestic and international including in-house departments of large international companies to small firms and private individuals. We have structured our firm to address the unique concerns of today’s business community and are committed to delivering superior service in representing our client's Intellectual Property Rights at the cost effective manner possible. Our IP practice group includes a large number of professionals, many of whom are renowned for their work with a track record of creative, practical and cost-effective advice to many international clients as well at excellent rates.The Attorneys of the Firm are members of various National and International IP associations and are regular attendees of International IP Conferences. We have the experience and the skills to evaluate and understand the client’s IntellectualProperty portfolio, audit and manage it, protect, preserve and defend it where necessary even proactively. At Sai & Mehta, we develop integrated plans for fitting and configuring IP as a strategic asset of the business available to be leveraged for growth and risk management. We understand, follow and contribute to the growth of the rapidly evolving frontiers of IP space and the bundling-unbundling of IP rights, ranging from e-commerce and internet issues to the newest technologies and platforms. We keep abreast of and in even contribute to the growing sophistication of Intellectual Property jurisprudence. Feedback from past and current clients confirms our founding purpose: to bring an unparalleled level of integrity, quality, responsiveness, and cost effectiveness to the IP legal environment. Sai & Mehta has its head office in New Delhi and associate network offices in Mumbai, Chennai, Kolkata, Hyderabad, and Bangalore.

Relief or Hardship!!The writ petition was filed before the Delhi High Court by the "Intellectual Property Attorneys Asso...
14/04/2023

Relief or Hardship!!

The writ petition was filed before the Delhi High Court by the "Intellectual Property Attorneys Association" challenging the Indian Trade Marks Registry public notice dated 6th February 2023, and subsequent public notice dated 27th March 2023, which had resulted in the abandonment of more than 1.7 lakh Trade Mark applications.

The Hon'ble High Court of Delhi has issued an order on April 13, 2023, directing the Indian Trade Marks office to withdraw both the public notices and restore all the abandoned applications to their original status within 7 days.

CHICKEN ZINGER trademark:Recently Delhi High Court has observed that KFC has no exclusive trademark rights over the word...
16/02/2023

CHICKEN ZINGER trademark:

Recently Delhi High Court has observed that KFC has no exclusive trademark rights over the word ‘Chicken’.

The Senior Examiner at the Indian Trademark Office had refused registration of the mark "CHICKEN ZINGER” holding that the mark is descriptive of characteristics of the goods under which it was applied in Class 29.

Aggrieved by the above refusal order KFC has filed Appeal before Hon'ble High Court of Delhi and thereafter Court directed the Indian Trademark Office to proceed with the allowance and advertisement of KFC’s application for registration of the mark “CHICKEN ZINGER”, within three months from the date of order. The Court observed that the trademark in question comprises of two words -- "Chicken" and "Zinger" and their use together "does not draw an instant connection" and must be considered suggestive.

"It is clarified that Appellant shall not have any exclusive rights in the word "Chicken". Trademarks Registry shall reflect this disclaimer at the time of advertisement of subject mark and also if subject mark ultimately proceeds for registration,"

𝗣𝗨𝗕𝗟𝗜𝗖 𝗡𝗢𝗧𝗜𝗖𝗘: 𝗥𝗲𝗹𝗶𝗲𝗳 𝗳𝗿𝗼𝗺 𝗜𝗻𝗱𝗶𝗮𝗻 𝗜𝗣 𝗢𝗳𝗳𝗶𝗰𝗲 𝘂𝗻𝗱𝗲𝗿 𝟮𝗻𝗱 𝘄𝗮𝘃𝗲 𝗼𝗳 𝗖𝗼𝘃𝗶𝗱-𝟭𝟵On May 21, 2021, Controller General of Patents, De...
25/05/2021

𝗣𝗨𝗕𝗟𝗜𝗖 𝗡𝗢𝗧𝗜𝗖𝗘: 𝗥𝗲𝗹𝗶𝗲𝗳 𝗳𝗿𝗼𝗺 𝗜𝗻𝗱𝗶𝗮𝗻 𝗜𝗣 𝗢𝗳𝗳𝗶𝗰𝗲 𝘂𝗻𝗱𝗲𝗿 𝟮𝗻𝗱 𝘄𝗮𝘃𝗲 𝗼𝗳 𝗖𝗼𝘃𝗶𝗱-𝟭𝟵

On May 21, 2021, Controller General of Patents, Designs, and Trade Marks (CGPDTM), in view of the Supreme Court Order dated April 27, 2021, issued a public notice whereby it withdrew its earlier notification dated March 24, 2021, and notified that all the timelines/periods for completion of various proceedings, filing of any reply/document evidence, payment of fees, etc. falling due after March 15, 2021, shall stand extended till further orders by the Hon’ble Supreme Court of India.

The Public Notice further stated that the Order dated March 24th, 2021 passed by the Supreme Court of India stands withdrawn.

World needs more and more ideas to make it a better place to live it…. Let us make World Intellectual Property Day more ...
26/04/2021

World needs more and more ideas to make it a better place to live it…. Let us make World Intellectual Property Day more inspiring with good ideas and innovations!!!

Happy World IP Day to all our friends and colleagues. Keep inovating!

𝐁𝐑𝐄𝐀𝐊𝐈𝐍𝐆: 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐀𝐩𝐩𝐞𝐥𝐥𝐚𝐭𝐞 𝐁𝐨𝐚𝐫𝐝 (𝐈𝐏𝐀𝐁) 𝐬𝐭𝐚𝐧𝐝𝐬 𝐀𝐛𝐨𝐥𝐢𝐬𝐡𝐞𝐝!The President of India on April 4th, 2021 announ...
06/04/2021

𝐁𝐑𝐄𝐀𝐊𝐈𝐍𝐆: 𝐈𝐧𝐭𝐞𝐥𝐥𝐞𝐜𝐭𝐮𝐚𝐥 𝐏𝐫𝐨𝐩𝐞𝐫𝐭𝐲 𝐀𝐩𝐩𝐞𝐥𝐥𝐚𝐭𝐞 𝐁𝐨𝐚𝐫𝐝 (𝐈𝐏𝐀𝐁) 𝐬𝐭𝐚𝐧𝐝𝐬 𝐀𝐛𝐨𝐥𝐢𝐬𝐡𝐞𝐝!

The President of India on April 4th, 2021 announced "The Tribunal Reforms (Rationalisation and Conditions of Service ) Ordinance, 2021".

With the passing of the above ordinance, Tribunals (𝑖𝑛𝑐𝑙𝑢𝑑𝑖𝑛𝑔 𝑡ℎ𝑒 𝐼𝑛𝑡𝑒𝑙𝑙𝑒𝑐𝑡𝑢𝑎𝑙 𝑃𝑟𝑜𝑝𝑒𝑟𝑡𝑦 𝐴𝑝𝑝𝑒𝑙𝑙𝑎𝑡𝑒 𝐵𝑜𝑎𝑟𝑑) set up under The Patents Act,1970; The Copyright Act,1957; The Trademark Act,1999; The Cinematograph Act 1962 and various other statutes stands "Abolished". This shall further mean that all the Appeals and proceedings arising from the orders of the Indian Trademark Office; Patent Office; Copyright Office shall now lie before the respective High Courts.

The matters which are currently pending before the IPAB will be transferred to the respective High Courts.

It will also be interesting to see whether the above ordinance is the right step to streamline the process in a time-bound and expeditious manner by the Courts and its implication in the future!

𝐓𝐡𝐞 𝐞𝐱𝐭𝐞𝐧𝐬𝐢𝐨𝐧 𝐨𝐟 𝐚𝐥𝐥 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞𝐬 𝐛𝐞𝐜𝐚𝐮𝐬𝐞 𝐨𝐟 𝐂𝐎𝐕𝐈𝐃-𝟏𝟗 𝐡𝐚𝐬 𝐛𝐞𝐞𝐧 𝐰𝐢𝐭𝐡𝐝𝐫𝐚𝐰𝐧 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚 .Please further note that The Office of t...
02/04/2021

𝐓𝐡𝐞 𝐞𝐱𝐭𝐞𝐧𝐬𝐢𝐨𝐧 𝐨𝐟 𝐚𝐥𝐥 𝐝𝐞𝐚𝐝𝐥𝐢𝐧𝐞𝐬 𝐛𝐞𝐜𝐚𝐮𝐬𝐞 𝐨𝐟 𝐂𝐎𝐕𝐈𝐃-𝟏𝟗 𝐡𝐚𝐬 𝐛𝐞𝐞𝐧 𝐰𝐢𝐭𝐡𝐝𝐫𝐚𝐰𝐧 𝐢𝐧 𝐈𝐧𝐝𝐢𝐚 .

Please further note that The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) on March 24, 2021, issued attached public notice taking note of the Supreme Court’s order dated March 8, 2021, concerning the end of the extension of the limitation period announced during COVID-19 period.

Below are the important points that will be applicable for calculating the deadlines in all the IP matters (viz. Patents, Trademarks, Design) in India:

1. In computing the period of limitation for any suit, appeal, application or proceeding, the period from March 15, 2020 till March 14, 2021 shall stand excluded. Consequently, the balance period of limitation remaining as on March 15, 2020, if any, shall become available with effect from March 15, 2021.

2. In cases where the limitation would have expired during the period between March 15, 2020, till March 14, 2021, notwithstanding the actual balance period of limitation remaining, all persons shall have a limitation period of 90 days from March 15, 2021. In the event the actual balance period of limitation remaining, with effect from March 15, 2021, is greater than 90 days, that longer period shall apply.

3. The period from March 15, 2020 till March 14, 2021 shall also stand excluded in computing the periods under prescribed under Sections 23 (4) and 29A of the Arbitration and Conciliation Act, 1996, Section 12A of the Commercial Courts Act, 2015 and provisos (b) and (c) of Section 138 of the Negotiable Instruments Act, 1881, and any other laws, which prescribe period(s) of limitation for instituting proceedings, outer limits (within which the court or tribunal can condone delay) and termination of proceedings

Should you have any questions, we will be happy to address them for you. Please do not hesitate to reach us at [email protected]

Glimpse of the New Office of Sai & Mehta opened during Covid-19.
31/03/2021

Glimpse of the New Office of Sai & Mehta opened during Covid-19.

𝗗𝗲𝗰𝗮𝘁𝗵𝗹𝗼𝗻 𝗦𝗽𝗼𝗿𝘁𝘀 𝘃𝗲𝗿𝘀𝘂𝘀 𝗣𝗲𝗻𝘁𝗮𝘁𝗵𝗹𝗼𝗻 𝗦𝗽𝗼𝗿𝘁Recently, one of the largest sporting goods retailer in the world “Decathlon Spo...
31/03/2021

𝗗𝗲𝗰𝗮𝘁𝗵𝗹𝗼𝗻 𝗦𝗽𝗼𝗿𝘁𝘀 𝘃𝗲𝗿𝘀𝘂𝘀 𝗣𝗲𝗻𝘁𝗮𝘁𝗵𝗹𝗼𝗻 𝗦𝗽𝗼𝗿𝘁

Recently, one of the largest sporting goods retailer in the world “Decathlon Sports” has filed a trademark infringement suit against NCR-based “Pentathlon Sports” alleging that the Pentathlon infringes Decathlon registered trademark, visually and phonetically and further alleges that Pentathlon has imitative their famous tagline “Sports for All / All for Sports” displayed below the registered trademark.

Decathlon further claims that its legal action is to stop Pentathlon Sports from “𝑖𝑙𝑙𝑒𝑔𝑎𝑙 𝑎𝑛𝑑 𝑚𝑎𝑙𝑎 𝑓𝑖𝑑𝑒 𝑎𝑐𝑡𝑠 𝑜𝑓 𝑖𝑛𝑡𝑒𝑟 𝑎𝑙𝑖𝑎 𝑜𝑓 𝑖𝑛𝑓𝑟𝑖𝑛𝑔𝑒𝑚𝑒𝑛𝑡 𝑜𝑓 𝑡ℎ𝑒 𝑟𝑒𝑔𝑖𝑠𝑡𝑒𝑟𝑒𝑑 𝑡𝑟𝑎𝑑𝑒𝑚𝑎𝑟𝑘 𝑜𝑓 𝑡ℎ𝑒 𝑃𝑙𝑎𝑖𝑛𝑡𝑖𝑓𝑓 𝑁𝑜 𝐼 (𝐷𝑒𝑐𝑎𝑡ℎ𝑙𝑜𝑛), 𝑠𝑒𝑙𝑙𝑖𝑛𝑔 𝑠𝑢𝑏𝑠𝑡𝑎𝑛𝑑𝑎𝑟𝑑 𝑝𝑟𝑜𝑑𝑢𝑐𝑡𝑠 𝑖𝑛 𝑡ℎ𝑒 𝑚𝑎𝑟𝑘𝑒𝑡 𝑎𝑛𝑑 𝑝𝑎𝑠𝑠𝑖𝑛𝑔 𝑡ℎ𝑒𝑚 𝑜𝑓𝑓 𝑎𝑠 𝑔𝑜𝑜𝑑𝑠/ 𝑝𝑟𝑜𝑑𝑢𝑐𝑡𝑠 𝑜𝑓 𝑡ℎ𝑒 𝑃𝑙𝑎𝑖𝑛𝑡𝑖𝑓𝑓𝑠 (𝐷𝑒𝑐𝑎𝑡ℎ𝑙𝑜𝑛).”

Pentathlon representative refuted all the allegations and contend that they will be defending their trademark as the font and the color scheme used in their logo isn’t similar to Decathlon. It was further claimed by them that Pentathlon Sports is a multi-brand sporting goods retail and e-commerce company with internationally recognized brands including Yonex, Wilson, Cosco, Montra, Roadeo, Coleman, Nike, Adidas, SS, and Headly

The case is currently pending before the Lower Court and it will be interesting to see what view the Court holds. The matter is coming up for hearing next on April 07, 2021.

01/10/2020



The Supreme Court of India today accepts the proposal given by DGCA for Air Ticket refund on account of Covid Pandemic only for the tickets booked directly and not through agents.

Further, the court clarified that tickets booked through travel agents will be refunded to them, and not directly to the passengers.

𝐖𝐇𝐀𝐓 𝐓𝐇𝐄 𝐅𝐈𝐙𝐙(𝐲)! -“𝐀𝐏𝐏𝐘 𝐅𝐈𝐙𝐙” 𝐯𝐞𝐫𝐬𝐮𝐬 “𝐅𝐢𝐳𝐳𝐲 𝐀𝐩𝐩𝐥𝐞” 𝐛𝐚𝐭𝐭𝐥𝐞Recently one of the largest Indian beverage company namely “Pa...
15/09/2020

𝐖𝐇𝐀𝐓 𝐓𝐇𝐄 𝐅𝐈𝐙𝐙(𝐲)! -“𝐀𝐏𝐏𝐘 𝐅𝐈𝐙𝐙” 𝐯𝐞𝐫𝐬𝐮𝐬 “𝐅𝐢𝐳𝐳𝐲 𝐀𝐩𝐩𝐥𝐞” 𝐛𝐚𝐭𝐭𝐥𝐞

Recently one of the largest Indian beverage company namely “Parle Agro” has dragged Walmart India to Court for using ‘deceptive’ trade dress (viz. packaging) and selling an apple-flavored drink ‘𝐅𝐢𝐳𝐳𝐲 𝐀𝐩𝐩𝐥𝐞’, which is similar to Parle’s registered trademarked “𝐀𝐏𝐏𝐘 𝐅𝐈𝐙𝐙”. Parle sought an injunction against Walmart restraining it from selling “Fizzy Apple”.

The contention of the Parle is that world’s largest retailer Walmart’s Indian unit is manufacturing, marketing, selling, and promoting an apple drink by using the infringing trademark 'Fizzy Apple’ and also using a color scheme, identical font, style and as that of Parle uses for “APPY FIZZ”.

The Hon’ble Bombay High Court has given interim protection to Parle and directed Walmart India to immediately stop selling its product ‘Fizzy Apple’ until further orders.

Walmart India argues that the word ‘Fizzy’ is a common descriptive word and no one can claim a monopoly over the word Fizzy. The matter is pending before the Court and at the interim stage, hence it would be interesting to see Walmart get any relief from the Court.

'Dream 11' V/s 'Dream11 Team' trademark infringement battle.Hon'ble Delhi High Court recently passed the order in a tra...
14/09/2020

'Dream 11' V/s 'Dream11 Team' trademark infringement battle.

Hon'ble Delhi High Court recently passed the order in a trademark infringement suit by “Sporta Technologies” restraining the proprietor/partners/employees/agents of “Dream11 Team” from using the “Dream 11” trademark, domain name or any mark which is deceptively similar to “Dream 11”.

The court further directed 'Dream11 Team' to take down the infringing material from its social media pages and directed GoDaddy, LLC to suspend/block the defendant’s domain name i.e. www.dream11team.com.

“Dream 11” is a registered trademark of Sporta Technologies and also have active website 'www.dream11.com'.

Beautiful memories of attending conference in Boston, USA 🇺🇸
12/09/2020

Beautiful memories of attending conference in Boston, USA 🇺🇸

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Pocket G-20/222, Sector-7 Rohini
Delhi
110085

Opening Hours

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Wednesday 10am - 8pm
Thursday 10am - 8pm
Friday 10am - 7pm
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