Category: Trademark

How Much Do Phonetic Similarities Matter in Trademark Disputes?

21st September, 2021 - 11:13 am Categories: Trademark

Determination of the distinctiveness of marks, despite the standard set by the Trade Marks Act, 1999 under provisions such as Section 9 and Section 11, is a difficult task and often requires judicial insight. As a matter of principle, the examiner/court will have look at the mark in its totality. In recent years, a comparison … Continue reading How Much Do Phonetic Similarities Matter in Trademark Disputes?

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An Overview on Trademark Bullying in Commercial Environments

8th September, 2021 - 10:45 am Categories: Trademark

A trademark is an essential component of a brand’s image. In a broad sense, trademarks are symbols, words, logos, domain names, or shapes used by businesses to represent their brand or products. Trademarking goods and services prevent other commercial entities from selling counterfeits or cybersquatting a domain name. This way, trademarks ensure that consumers make … Continue reading An Overview on Trademark Bullying in Commercial Environments

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Legality of Using Common Terms for Trademark in View of Various Indian Cases

20th May, 2021 - 5:18 pm Categories: Trademark

“India is a multilingual country, which can make brand management difficult. The fact that one word may have many synonyms in another language, as well as the variety of languages and scripts, can increase the possibility of infringement and pass off”[1]. Trademarks are the intangible assets of the proprietor. A proprietor spends time and resources … Continue reading Legality of Using Common Terms for Trademark in View of Various Indian Cases

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The Contours of Religious Susceptibilities for Trademarks Introduction

9th March, 2021 - 12:49 pm Categories: Trademark

In a country like India where religion is of paramount importance for the majority of its population, the usage of names of Gods, Goddesses, and religious texts and scriptures as trademarks can be sensitive. Although the same is not completely banned or prohibited from being used yet it depends largely on the nature of the … Continue reading The Contours of Religious Susceptibilities for Trademarks Introduction

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Artificial Intelligence: A Looming Threat To Trademark Law?

18th January, 2021 - 12:20 pm Categories: Trademark

“Humans looking for similarities in trademarks is an awful, inefficient, error-prone job, and one that computers can do much better than people” -Charles Hill, Product Leader and Strategist at Trademark Now The market is a dynamic place and the way people purchase goods and services has changed constantly over the years. In the Victorian era, … Continue reading Artificial Intelligence: A Looming Threat To Trademark Law?

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Trademark Registration Procedure In U.S.

14th January, 2021 - 5:25 am Categories: Trademark

Introduction Once you have chosen your mark that you want to protect, the next step is the registration of that mark. In the U.S. the registration for the mark is done at the United States Patent and Trademark Office (USPTO) and the process of obtaining a registered trademark in the United States typically takes about … Continue reading Trademark Registration Procedure In U.S.

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Delhivery Pvt. Ltd. vs Treasure Vase Ventures Pvt. Ltd.

24th November, 2020 - 7:50 am Categories: Legal Issues Trademark

“The degree of distinctiveness, and, therefore, the possibility of registration as a trade mark, is inversely proportional to the degree of obviousness: the more obvious the word, the less the degree of distinctiveness and the chances of its registration” Justice G.S. Patel In a recent trademark suit filed by Delhivery Pvt. Ltd., the Delhi High … Continue reading Delhivery Pvt. Ltd. vs Treasure Vase Ventures Pvt. Ltd.

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Removal Of TradeMark From TradeMark Register Due To Non-Use

31st July, 2020 - 12:24 pm Categories: Trademark

Introduction Section 47 of the Trade Marks Act, 1999[1] deals with the removal of the trade mark from the trade mark register on the ground of non-use and imposition of penalties thereof. An application under Section 47 of the act can be made by any aggrieved person to the Registrar or the Appellate Board for … Continue reading Removal Of TradeMark From TradeMark Register Due To Non-Use

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Domain Name: Indian Aspect And Dispute Resolution Procedure

26th May, 2020 - 4:26 am Categories: Trademark

INTRODUCTION Domain name is defined by Merriam-Webster as a sequence of usually alphanumeric characters that specifies a group of online resources (as of a particular company or person) and that forms part of the corresponding Internet addresses. The Domain Name System (DNS) helps you find your way around the Internet. Feature of DNS names is their hierarchical structure. This … Continue reading Domain Name: Indian Aspect And Dispute Resolution Procedure

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How To Recognize Well-Known Trademarks In India

28th March, 2020 - 8:57 am Categories: Trademark

Well-known Trademark plays an important role in global markets and in identifying symbols and sign that are widely known to the significant general public and enjoys a fairly high reputation. The first time Well-Known trademark was discussed was in the Paris Convention of Industrial property in 1883, wherein the said convention set out certain guidelines … Continue reading How To Recognize Well-Known Trademarks In India

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