Category: Trademark

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

“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

Read more »

Deceptive Similarity In Trademark

Trademarks play an important role in creating the brand name and goodwill of any business. It not only helps in creating a brand value but also helps in revenue generation. Being of such vital importance, a trademark is susceptible to getting infringed and/or tainted. One such way of misusing trademark is making “deceptively similar” trademarks. … Continue reading Deceptive Similarity In Trademark

Read more »

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

Read more »

Artificial Intelligence: A Looming Threat To Trademark Law?

“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?

Read more »

Trademark Registration Procedure In U.S.

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.

Read more »

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

“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.

Read more »

Removal Of TradeMark From TradeMark Register Due To Non-Use

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

Read more »

Domain Name: Indian Aspect And Dispute Resolution Procedure

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

Read more »

How To Recognize Well-Known Trademarks In India

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

Read more »

Protection of Well-Known Marks: WIPO Joint Recommendation

“What’s in a name? That which we call a rose by any other name would smell as sweet”- Shakespeare In many countries, getting trademark registered is the only apparatus to obtain statutory rights. As an essential element to registration, some countries requires the owner of the trademark to use or make evident its intent to … Continue reading Protection of Well-Known Marks: WIPO Joint Recommendation

Read more »