Tag: Trademark Registration

Protection Of Domain Name And Related Disputes

20th February, 2023 - 6:26 am Categories: Trademark

Introduction The domain name, like any other source identifier in trademark law, can be used as a sign of a company’s goodwill. In the world of e-commerce, a company’s domain name selection can be a crucial marketing tool, if not the most crucial component of its online presence. Users frequently attempt to predict a company’s … Continue reading Protection Of Domain Name And Related Disputes

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Ruling Of Karnataka High Court Deciding The Conundrum Of “Yezdi” Trademark Ownership

8th February, 2023 - 6:05 am Categories: Trademark

Introduction The term “Yezdi” has earned a lot of goodwill as pioneers of an indomitable symbol of the motorcycle industry since the 1960’s. Through various incidental graphs of globalization and commercialization the “Yezdi” trademark has pounced around with its ownership status. Initially belonging to the Ideal Jawa (India) Ltd, this is currently under liquidation and … Continue reading Ruling Of Karnataka High Court Deciding The Conundrum Of “Yezdi” Trademark Ownership

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Trademark : Principle Of Territoriality In The Virtual World

27th January, 2023 - 6:32 am Categories: Trademark

Introduction The increased competition among traders and trading companies in the world of commerce led to the development of the trademark concept. A trademark helps differentiate one product or company from another, making it easier for a customer to identify that product or company. The blog focuses on the trademark system’s territoriality principle. The innovations … Continue reading Trademark : Principle Of Territoriality In The Virtual World

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Khadi and Village Industries Commission Suit

23rd January, 2023 - 7:02 am Categories: Intellectual Property Khadi Industries Trademark

Introduction A recognisable phrase, word, emblem, or symbol that identifies a particular product and legally distinguishes it from all other products of its sort is referred to as a trademark. A trademark recognises the company’s ownership of the brand and solely distinguishes a product as being its own. Generally speaking, trademarks are regarded as a … Continue reading Khadi and Village Industries Commission Suit

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Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond

28th September, 2022 - 11:08 am Categories: Trademark

Trademark is one of the intellectual property which can be created by any person with his labor and intellect. Basically, a trademark can be any word, phrase, symbol, design or a combination of all these things which helps to identify any goods or services. Whenever a goods or services is associated with any mark, it … Continue reading Reinforcing The Test of Deceptive Similarity Under Trademark Law- Cadbury Gems VS Jamesbond

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Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

3rd August, 2022 - 12:29 pm Categories: Trademark

The right to sue for infringement of his mark is the most significant right conferred upon a registered proprietor by the Trade Marks Act, 1999 (Hereinafter, “TM Act”). However, can one registered proprietor claim the exclusive right to use a trademark against another proprietor who has obtained a registration for an identical or very similar … Continue reading Trademark Infringement by the Registered Proprietor of an Identical or Similar Mark

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Electronic Trademark Registration in Myanmar

29th July, 2022 - 12:23 pm Categories: Copyright

The Ministry of Commerce (MoC), on 28th August 2020, announced that the “soft opening period” shall begin from 1st October 2020, to refile trademarks under the new Trademarks Act. The period shall be available to the trademark owners who are registered under the old trademarks law of the country and the one who intend to … Continue reading Electronic Trademark Registration in Myanmar

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Discrimination As A Ground For Refusal Of Trademark Registration Vis-À-Vis The Fair And Lovely Case

27th June, 2022 - 9:56 am Categories: Trademark

Trademarks are essential in ensuring brand performance and consumer certainty. Despite this fact, there are certain grounds which when practised by brands and companies could lead to the refusal of registration of their trademarks. One such ground that has not gained much acclaim in the Indian jurisprudence is “Discrimination”. On July 2nd, 2020, the FMCG … Continue reading Discrimination As A Ground For Refusal Of Trademark Registration Vis-À-Vis The Fair And Lovely Case

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International Trademark Registration: Procedural Aspects

14th January, 2022 - 4:03 am Categories: Intellectual Property

Introduction Trademark rights, like other intellectual property rights, are considered different in each country or jurisdiction (hence “jurisdiction”) where they are obtained. Each jurisdiction has the right to recognize and protect trademark rights in a way that is consistent with its policy objectives. Although the term “international trademark rights” refers to a set of trademark … Continue reading International Trademark Registration: Procedural Aspects

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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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