Tag: Trademark Registration

Trademark : Principle Of Territoriality In The Virtual World

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

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

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

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

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

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

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.

“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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Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

A new rule has been announced by the United States Patent and Trademark Office (USPTO) requiring that any foreigner who applies for trademark registration or appears before a Trademark Trial and Appeal Board in the United States can only be represented by a lawyer who is licensed to practice in the United States. This rule … Continue reading Foreign Trademark Applicants to be represented by U.S. licensed Attorneys

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Shoe Branding Europe V. Adidas: Case History

Introduction of  Companies involved in the dispute  Shoe Branding Europe BVBA is a Belgian footwear company and wants to register it’s 2 stripe logo as a trademark. Adidas has its roots in Germany but now it’s a global company dealing in Sportswear. Adidas has a 3 stripes logo to differentiate its product from other products … Continue reading Shoe Branding Europe V. Adidas: Case History

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