What’s in a Name? Bombay High Court Discusses Trade Mark Infringement Through Trade Names
For trade mark protection to be worthwhile, a registered proprietor must have access to an effective remedy to enforce his rights. Therefore, Section 29 of the Trade Marks Act, 1999, attempts to include a broad range of activities within the definition of infringement. Section 29(5) of the Act deals with infringement of a trade mark … Continue reading What’s in a Name? Bombay High Court Discusses Trade Mark Infringement Through Trade Names
Read more »The Issue Of Transborder Reputation Of Trademarks
With the rapid growth of technology, it is possible to be aware of the most significant and insignificant events in the world, be it political awareness, social awareness, entertainment as well as the reputation of a brand. The trans-Border reputation of brands in general means when a brand is gaining popularity not only in its … Continue reading The Issue Of Transborder Reputation Of Trademarks
Read more »Trademark Registration In UAE
Trademarks are brand names, symbols, or logos that are used to identify a company’s goods or services. A trademark is a name, words, signature, letter, symbol, drawing, figure, inscription, picture, or advertisement that is used to identify a group of items, goods, and services as belonging to one owner or coming from one source. [Picture … Continue reading Trademark Registration In UAE
Read more »Anti-Counterfeiting Measures In UAE
The United Arab Emirates is made up of seven emirates: Abu Dhabi (the capital), Ajman, Dubai, Fujairah, Ras Al Khaimah, Sharjah, and Umm Al Quwain. The UAE has an open economy with a high per capita income and a large yearly trade surplus thanks to its naval history and unusually enterprising culture. The country’s free … Continue reading Anti-Counterfeiting Measures In UAE
Read more »Registrability of A Device Mark Containing the Map of India
If your trademark, device mark or logo mark consists of your country’s national map, then can you register it without the examiner objecting to such depiction? The answer is – Yes. A recent judgement delivered by the Delhi High Court sets the precedent for trade mark applicants wanting to register their device mark but are … Continue reading Registrability of A Device Mark Containing the Map of India
Read more »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
Read more »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?
Read more »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
Read more »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
Read more »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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