Tag: Trade Mark

IPR in the Era of Conflicts by

Patents, trademarks, copyrights, etc. are intangible assets majorly contributing to the growth of a nation, especially in terms of science and technology. The article discusses the implications of such conflict on its Intellectual Property rights. Patents, trademarks, copyrights, and designs form the umbrella of legally obtained Intellectual Property Rights (IPR). These are intangible assets provided … Continue reading IPR in the Era of Conflicts by

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Case Analysis: P. Sundaram v. Asia Match Company

This interim order on the issue of whether the respondent, based on the location of their branch office, can maintain the present suit within the territorial jurisdiction of the present Court, i.e., a question on the issue of the jurisdiction of the commercial division. The case originally was filed by Respondents in this case who … Continue reading Case Analysis: P. Sundaram v. Asia Match Company

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Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

Sonam and Ria are friends. One day, they decide to get fruit juice from a store nearby to quench their thirst. They like on specific drink which is known as BREEZER. However, when they entered the store, they ended up buying a drink called FREEZMix which was placed right beside BREEZER. Thinking that it’s just … Continue reading Case Analysis of Bacardi and Company Limited v. Bhahety Overseas Private Limited &Ors. CS(COMM) 464/2021 & I.A. 12323/2021

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The Contours of Religious Susceptibilities for Trademarks Introduction

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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Amendment in Trade Mark Fees

Recently, Controller General of Patents Design and Trade Marks, Mr. Chaitanya Prasad,has issued a Public Notice on August 7, 2014, wherein it has been put forth that, from August 1, 2014,Official Fees for filing a new Trade Mark application in one class has been increased from Rs. 3500/- to Rs. 4000/-. It was also mentioned … Continue reading Amendment in Trade Mark Fees

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The Madrid System for the International Registration of Marks (Madrid System)

The “Madrid System” is a centrally administered system of obtaining a bundle of trademark registrations in different jurisdictions. It is governed by two treaties, the Madrid Agreement and the Madrid Protocol, and is administered by the International Bureau of WIPO in Geneva, Switzerland.  Madrid System permits the filing, registration and maintenance of trade mark rights … Continue reading The Madrid System for the International Registration of Marks (Madrid System)

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Removal from Trademarks Register Due to Non-Use

Is using and/or commercializing a registered Trade Mark really necessary in India or is simply sitting over it and renewing the same periodically enough to maintain the mark and gain from the protection it accords. Poorva Khandekar, an intern at Khurana & Khurana and 4’th year law student from KIIT Law School, Bhubaneswar explores the … Continue reading Removal from Trademarks Register Due to Non-Use

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E-Filing of Trade Mark Application and Related Documents with Indian Trade Marks Registry to be made mandatory

Indian Trade Marks Registry has on 03rd November 2011, published on their website Gazette Notification dated October 13,2011 which states that after expiry of forty five days from the date (which falls on 18 Dec 2011) on which this notification is published, the e-filing of trade marks applications and related documents will be made mandatory … Continue reading E-Filing of Trade Mark Application and Related Documents with Indian Trade Marks Registry to be made mandatory

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No Exclusive Trademark Rights to Lord Krishna’s name: Delhi High Court

Delhi High Court’s Division Bench recently upheld the Single Judge Bench Judgment declining the claim of the Appellant, Bhole Baba Milk Food Industries Ltd. (a diary products manufacturer) of exclusive right over the use of word ‘Krishna’ for dairy products. The Appellant has obtained registration of the mark “KRISHNA” having pictorial reflection of Lord Krishna … Continue reading No Exclusive Trademark Rights to Lord Krishna’s name: Delhi High Court

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