Category: Trademark

Phonetic Identity In Pharmaceutical Industry : The Health Interlink

An application for registration could be objected by the Trade Marks Registry for number of reasons under Section 9 and 11 of the Trade Marks Act, 1999. Naturally, if one’s proposed trademark is similar to an already registered trademark, it is bound to be objected. The aforesaid similarity between two trademarks could be visual, structural, … Continue reading Phonetic Identity In Pharmaceutical Industry : The Health Interlink

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Who Really Gets to Decide A Well-Know Mark?

The statutory provisions relating to trademarks, deem the registrar in the trade mark office as the authority for determining whether a mark is well-known or not[i]. However, there are more marks adjudged as “well-known” by the courts, than determined by the Registrar at the Trade Marks office. This glaring contradiction between the law and practice, … Continue reading Who Really Gets to Decide A Well-Know Mark?

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Caution! Colours Can Be The Functional Part Of A Product

Moldex has been producing foam ear plugs with a specific bright green color. Since the beginning of its business in 1982 it has sold over 1.6 billion pairs of them. It does not have a federal registration of its green color but it initiated a law suit against the defendant, McKeon in the present case after … Continue reading Caution! Colours Can Be The Functional Part Of A Product

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The European Union Has Stripped McDonald’s Of Its Trademark On Big Mac burgers

The landmark decision by the bloc’s trademark regulator, which has immediate effect, is just the latest episode in a long-running legal dispute between the US food giant and family-owned chain Supermac’s.  In one of such recent decision, EUIPO gave its ruling in favor of Irish fast food, thereby stripping McDonald of its exclusive use of … Continue reading The European Union Has Stripped McDonald’s Of Its Trademark On Big Mac burgers

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India’s Stand On Counterfeit Goods

Counterfeiting is a practice prevailing since time immemorial. The act of finding cheaper alternatives/dupes to luxury goods has increased in demand, especially in a country like India where most of the general public fall in the middle-class sector with a high consumption for brand and brand value. The word “Counterfeit” is derived from the French … Continue reading India’s Stand On Counterfeit Goods

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Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement

Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement, Fasteners, Inc. is an American company involved in manufacturing magnetic accessory & products such as snaps, clasps, fasteners, closures, etc. With its production and distribution centres located in the U.S, Europe, and Asia, the company is known internationally for its signature product – the … Continue reading Romag Fasteners Inc V Fossil Inc : Trademark and Wilful Infringement

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Olfactory mark is one such non-conventional trademark In India : A Legal Enigma

INTRODUCTION An olfactory mark is one such non-conventional trademark. The field of Intellectual Property has grown significantly over time, particularly in the field of trademarks, as it has recently undergone a lot of development. However, as technology and commodities evolve, certain kinds of non-conventional trademarks emerge in the market that are left outside the scope … Continue reading Olfactory mark is one such non-conventional trademark In India : A Legal Enigma

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Metaverse is a virtual reality world

Introduction Metaverse is a virtual reality world in which people are supposed to socialize, play, and work and is composed of online, shared and persistent digital spaces. It is considered as the successor of mobile internet. With the technological developments, our virtual lives and our real lives are getting mixed and intertwined. Metaverse will be … Continue reading Metaverse is a virtual reality world

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A Trademark Could Be A Smell Mark : A Comparative Analysis of US, UK and India

Non-Traditional Trademarks: A Trademark Could Be A Smell Mark: It is common to see a device, a label, or even a name signature having the suffix TM. But what about the sounds and smells of products? Can they be trademarked as well? This is where Non-Traditional Trademarks come into the discussion. These marks pertain to … Continue reading A Trademark Could Be A Smell Mark : A Comparative Analysis of US, UK and India

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TM And Design Patent Conflict Example

TM And Design Patent Conflict Example: For a long, when we compare the trademark with that of a design, the inclusion of a trademark in the design was not meant much when we talk about the design patent infringement analysis. In one of the recent cases of Columbia Sportswear North America Inc. vs. Seirus Innovative … Continue reading TM And Design Patent Conflict Example

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