Category: Trademark

Darjeeling Tea to Similipal Kai Chutney – A Journey of Gi Tags in India

INTRODUCTION What are Geographical Indications  Geographical indication or as we know GI is a sign that denotes a product of a particular location or locality or originated from that locality or geographical location. The said product possesses a distinct reputation and quality of the place from where it is originated. GIs are commonly registered on … Continue reading Darjeeling Tea to Similipal Kai Chutney – A Journey of Gi Tags in India

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Luckin Coffee’s Trade Mark Battle in Thailand: A Cautionary Tale For International Business Expansion

Introduction In the ever changing environment of global business, trademarks become crucial assets to any organization as they help in identifying it in the market. Still, even such giants of the market can turn into participants of legal battles over the use of trademarks. An example that can still be seen today is the trademark … Continue reading Luckin Coffee’s Trade Mark Battle in Thailand: A Cautionary Tale For International Business Expansion

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Analysis of Jan Vishwas Act, 2023 Vis-À-Vis Draft Trademarks Rules, 2024

OVERVIEW OF JAN VISHWAS ACT,2023 The Jan Vishwas Act, 2023, decriminalize major violations across various Central Ministries and Departments. Amendments to the Trade Marks Act, 1999 is all revolving around increased fines and reduced term of imprisonment. The aim of this act is to focus on civil penalties or administrative penalties rather than criminal penalties. … Continue reading Analysis of Jan Vishwas Act, 2023 Vis-À-Vis Draft Trademarks Rules, 2024

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Trademark Assignment & its Renewal

INTRODUCTION Trademarks can be sold; therefore, trademark transfer or trademark assignment is possible. Trademark assignment means the control of a trademark switches from one person to another. It can be a transfer of part of the brand or all of it and it entails transfer of goodwill of the trademark as well. This is an … Continue reading Trademark Assignment & its Renewal

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The Complexities of Trademark Disparagement: A Jurisprudential Analysis

Introduction Disparagement, a concept intrinsically linked to the act of denigrating a product or service through misleading or false remarks, has significant implications in the realm of commercial law. It not only affects the reputation and market position of businesses but also raises intricate legal questions about the boundaries of free speech and fair competition. … Continue reading The Complexities of Trademark Disparagement: A Jurisprudential Analysis

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Trademark Infringement by NFTs: International Scenario

BACKGROUND AND CONTEXT An analysis of the opportunities offered by the use of NFTs (“Non-fungible Tokens”) illustrates that such use may be considered a trademark infringement. This was recently clarified by the IP Chamber of the Court of Rome (Tribunale di Roma, decision n. 37165/2022 dell’11 luglio 2022). 32072/2022).[i] An analysis of the opportunities offered … Continue reading Trademark Infringement by NFTs: International Scenario

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Drawing a thin line between Passing off and Infringement: An important aspect in The Indian trademark law.

In our Daily life we see more than 100 brands in our day but how can we distinguished them is they are registered or not .This question arrises in many of us, Is this brand Really belong to that company or not so to solve this problem we got the right of trademark registration. Registering … Continue reading Drawing a thin line between Passing off and Infringement: An important aspect in The Indian trademark law.

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The Trademarks Act in India: Protecting Your Brand Identity

With the current situation in the world of business where companies are miserably fighting to succeed, an outstanding and recognizable brand is quite important. You brand name and logo serve you as not only to distinguish yourself from your competitors but also to create your website and other promotional tools. In India the Trade Marks Act of … Continue reading The Trademarks Act in India: Protecting Your Brand Identity

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Trademark Infringement in E-Commerce in India: Challenges in Digital Era

Introduction India has witnessed exponential growth in e-commerce and online market place in the last few years. Customers are now able to have a totally different and new shopping experience, as the E-Commerce system makes it easy for consumers to trade goods and services with the help of technology, pricing, attractive discounts, and fast delivery … Continue reading Trademark Infringement in E-Commerce in India: Challenges in Digital Era

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ITC Ltd. v. Gold Step Tobacco (P) Ltd

Introduction With an enormous number of products available in the market, every brand has come up with their own identity to get recognised for their products. To get distinguished every brand seek to get their own trademark which can be used wholly and solely by them. The essence of trademark lies in amalgamation of such … Continue reading ITC Ltd. v. Gold Step Tobacco (P) Ltd

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