Category: Trademark

No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

11th January, 2024 - 10:06 am Categories: Trademark Trademark Infringement Trademark Litigation

INTRODUCTION The Internet today has massively facilitated trade and business for people and companies across the globe by providing them a platform to ease the communication between the buyer and the seller. However, this facilitation of trade and business raises pertinent questions as to the laws which would govern the disputes arising in this internet … Continue reading No Physical Footprint, Real Legal Implications: Indian Trademark Law For Foreign Defendants

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Determining Similarity Between Rival Marks Part 2

8th December, 2023 - 6:06 am Categories: Legal Issues Trademark

The first part of this article exclusively dealt with the Anti-Dissection rule and the second part of this article shall pertain to the rule of dominant feature. Introduction It is the settled position of law that two conflicting marks have to be compared as a whole and parts of the marks cannot be dissected for … Continue reading Determining Similarity Between Rival Marks Part 2

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Determining Similarity Between Rival Marks Part 1

7th December, 2023 - 6:32 am Categories: Trademark

Introduction Section 15 and Section 17 of the Trade Marks Act, 1999 deal with the registration of parts of trademarks and the effect of registration of parts of a mark respectively. A bare perusal makes it clear that the intention behind these two provisions is that when a trademark consists of several matters, the proprietor … Continue reading Determining Similarity Between Rival Marks Part 1

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From Budgeting to Branding: Using the Madrid Fee Calculator for Trademark Registration

6th November, 2023 - 6:00 am Categories: Trademark

Introduction Expanding internationally can have a huge impact on the business landscape. However when venturing into new markets it becomes crucial to ensure our brand is safeguarded and recognized worldwide. This is where Trademarks play a role. Trademarks go beyond being logos; they help protect a company’s brand identity, reputation and the trust of consumers. … Continue reading From Budgeting to Branding: Using the Madrid Fee Calculator for Trademark Registration

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Process Of Registration Of Trademark In The Philippines

30th September, 2023 - 8:38 am Categories: Trademark

PROCESS OF REGISTRATION OF TRADEMARK The steps involved in the registration process of trademarks in the Philippines are as follows: APPLICATION FOR REGISTRATION Section 124 of The Act lays down the requirements of an application for registration of a trademark. The application for the registration of the mark shall be in Filipino or in English … Continue reading Process Of Registration Of Trademark In The Philippines

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Relevancy Of Knock-Out Search In Trademark

23rd September, 2023 - 9:13 am Categories: Trademark

Introduction Conducting a trademark search before registration helps in the elimination of conflicts and informs us whether our mark is set for registration or is it infringing upon any other’s mark. Usually, we can see after trademark application, trademark offices reject the marks that are similar either because of the word, design, sign, or symbol … Continue reading Relevancy Of Knock-Out Search In Trademark

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Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

16th September, 2023 - 10:37 am Categories: Trademark

Urbaine Consumer India Private Limited is a leading entity engaged in marketing and selling ecologically conscious, cruelty-free and safe skincare, hair care, body care and wellness products under its brand “The Wellness Shop”. On becoming aware of counterfeit versions of its “Turmeric Facial Wax” being sold on e-commerce platforms, Urbaine Consumer India Private Limited approached … Continue reading Relief for The Wellness Shop – Commercial Court at Bangalore restrains the sale of counterfeit products bearing identical trade mark and trade dress as that of The Wellness Shop

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Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

13th September, 2023 - 1:29 pm Categories: Trademark Trademark Litigation

Introduction Brand logos are one of the key identification factors of brands globally. Most brands register their trademark under the relevant law to prevent and punish any unauthorized usage. But some brands and their logos become so famous that even in the absence of registration, their logos get legal protection. The present case Chapter 4 … Continue reading Supreme’ Red-Box Logo Given A ‘Well-Known’ Mark Status by the Delhi High Court

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Trademark Law For Entertainment Brands: Protecting A Brand Identity

24th August, 2023 - 7:15 am Categories: Trademark

Introduction Section 2 (1) (zb) of the trademark act of 1999 defines a trademark. It is a distinguishing sign or signal put on commercial items by a person or organization to differentiate one trader’s products from those of another. Trademarks are becoming valuable in the music and film industries. Music and film are two of … Continue reading Trademark Law For Entertainment Brands: Protecting A Brand Identity

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‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

23rd August, 2023 - 8:58 am Categories: Trademark

INTRODUCTION The Delhi High Court in Google LLC v. DRS Logistics (P) Ltd.[1] has ruled in favour of DRS (‘Respondent’) in an appeal favoured by Google LLC (‘Appellant’). The division bench upheld the order of the single bench to the extent that the use of the respondent’s trademark as a keyword in the Google Ads … Continue reading ‘Use of Trademarks as Keywords’ : Case Summary of Google v. DRS

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