Tag: Trademarks

Can A Single Colour Acquire Protection?

In 2015, Hitachi filed an application for a colour mark registration with JPO consisting of a single colour – an unassuming orange – over its hydraulic excavators. Hitachi holds a 20% market share of hydraulic excavators since the past forty years in Japan. A questionnaire-survey showed that approximately 96% of traders in the construction industry … Continue reading Can A Single Colour Acquire Protection?

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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

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Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

The case H&M; Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors is based on the point of having a similar trademark to that of another brand. The harm it causes to the reputation of one brand which another brand has adopted is one of reputation. The Plaintiff, in this case … Continue reading Hennes & Mauritz Ab & Anr v. HM Megabrands Pvt. Ltd. & Ors

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Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

Case comment: M/S Allied Blenders and Distillers Pvt. Ltd. v. Govind Yadav & Anr. The Hon’ble Delhi High Court has recently held that there is no deceptive similarity between the marks “Officer’s Choice” and “Fauji” and has rejected Allied Blenders and Distillers Pvt Ltd’s trademark infringement suit for its mark ‘Officer’s Choice’ against the owner of … Continue reading Case Comment on Delhi High Court holding “No Deceptive Similarity in the marks “Officers’s Choice” & “Fauji”

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What is Intellectual Property Valuation?

This article is in continuation of my previous article “What is Brand Value and How to enhance it”. The resources of a business such as technology, copyright, trademarks and other IP are the building blocks of Brand Value. Knowledge of the value contribution of these resources and the linkages between them is essential for business … Continue reading What is Intellectual Property Valuation?

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Nandini Or Nandhini – Similar Or Not?

FACTS Karnataka Cooperative Society, Respondent, started using the trademark ‘NANDINI’ for milk and milk products from the year 1985. The Appellants, Nandhini Deluxe adopted the mark ‘NANDHINI’ in 1989 in respect of their goods. The goods of both the parties fall under same class 29 and 30 an even though the both the parties have … Continue reading Nandini Or Nandhini – Similar Or Not?

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Fashion And Trademarks: The Clothing Controversy

Much like the trends on a ramp evolve every season, in the same way legal strategies of the industry’s leading fashion brands, fashion-houses and designers are in flux. Fashion is something to which each one of us relates. It is a part of everyone’s daily life; be it in the form of apparels or shoes … Continue reading Fashion And Trademarks: The Clothing Controversy

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NEPAL’S IP LAW: AN ENCAPSULATION

Intellectual property law in Nepal is comparatively new and it enjoys the extension provided to the least developed countries to be compliant under the TRIPS agreement. Patents, Designs and Trademarks are protected under one head, and the governing act/ legislation is known as “The Patent, Design and Trade Mark Act, 2022 (1965)” (hereinafter referred to … Continue reading NEPAL’S IP LAW: AN ENCAPSULATION

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IPAB: Nature of Jurisdiction, Power and Authority

Akash Patel, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks at the nature of jurisdiction at the IPAB, its power and authority. In a judgment dated July 08, 2013, a larger bench of Intellectual Property Appellate Board (hereinafter read as IPAB) had decided on two important issues, one relating to IPAB’s power … Continue reading IPAB: Nature of Jurisdiction, Power and Authority

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