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Weekly Trademark Updates

This week’s trademark updates are as follows:   Gujarat High Court issues notice to Microsoft in trademark infringement suit A local information technology company, Azure Knowledge Corporation Pvt. Ltd. had filed an appeal before the High Court against the order of the civil court seeking to restrain the global software giant, Microsoft Corporation from using its trademark “Azure”. The lower court has refused the request on grounds that the plaintiff failed to establish any loss or damage suffered by it. On appeal…
July 1, 2022 Geographical Indications (GI), Intellectual Property, Media and Entertainment Law, Trademarks 0Comment 1281Views 0Like
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Image accompanying blogpost on "CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors."

CASE BRIEF : Amazon Seller Services Pvt. Ltd. & Anr. vs Amazonbuys.in & Ors.

Facts The Plaintiff, Amazon Seller Services Pvt. Ltd., owns, operates and manages the India online marketplace at www.amazon.in on which lakhs of third-party sellers and buyers interact and conduct their transactions. Plaintiff No. 2, owns the trademark ‘AMAZON’ in various classes and copyright on the ‘AMAZON’ logos. Plaintiff No.2 has licensed its copyrights and trademarks to Amazon Seller Services, for the purposes of promotion, publication and merchandising within the territory of India. Amazon Seller Services alleged that the Defendants, Amazonbuys.in and others…
June 1, 2022 Copyrights, Intellectual Property, Trademarks 0Comment 2608Views 0Like
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WEEKLY TRADEMARK UPDATES

This week's trademark updates are as follows: Coke Studio v. Cook Studio : The trademark conundrum The ongoing tussle between one Nikhil Chawla,  proprietor , of  "The Chawla Group" against 'The Coca Cola Company', has now been referred to mediation by Justice Pratibha M Singh. The Court stated that both the parties are being referred to the Delhi High Court Mediation and Conciliation Centre on 31st May, 2022 . Mr. Rajeev Varma, Senior Counsel has been appointed as the mediator for…
May 30, 2022 Intellectual Property, Media and Entertainment Law, Trademarks 0Comment 1557Views 0Like
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Latest Trademark Cases in 2022 – Part 3

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: L’oreal v. Haridas PA & Ors. This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks "L'OREAL, L'OREAL PROFESSIONNEL, L'OREAL PARIS" by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and…
April 11, 2022 Intellectual Property, Trademarks 0Comment 1819Views 0Like
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image of Latest Trademark Cases in 2022 - Part 2

Latest Trademark Cases in 2022 – Part 2

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…
April 8, 2022 Intellectual Property, Trademarks 0Comment 2082Views 0Like
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INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021

Launch of Indian IP Statistics Report, 2021

BananaIP is happy to launch the IP statistics report for the year 2021. This report covers  Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version] Findings and Conclusions At a general level, intellectual property activity before the IP Office…
April 7, 2022 Copyrights, General, Geographical Indications (GI), Industrial Designs, Intellectual Property, Patent & Design Statistics, Patents, Trademarks 0Comment 1814Views 5Likes
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Mechanism of Hearings before Trademark Office to Change

Mechanism of Hearings before Trademark Office to Change

Pawandeep Singh vs The Registrar Of Trademarks & Anr. Background This case deals with a problem often faced by trademark attorneys during hearings. Several attorneys are given slots during a fixed time, and they are heard one after another. Sometimes examiners are unable to complete all hearings during the allotted time, and hearings are adjourned. In the present case, an order was passed with respect to a trademark application relating to the mark. SWISS, without hearing the Trademark Agent. Two hearing…
April 2, 2022 Intellectual Property, Trademarks 0Comment 1467Views 0Like
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Image featuring case brief KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

CASE BRIEF: KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

Decided by the High Court of Delhi on 4th March, 2022.   FACTS The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…
March 23, 2022 Case Study, Intellectual Property, Trademarks 0Comment 2013Views 0Like
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Indian IP Office issues Accessibility Guidelines for Persons with Disabilities

On 4th March, 2022 the Office of Controller General of Patents, Designs & Trademarks (O/o CGPDTM) issued Guidelines for Accessibility and Reasonable Accommodations for Persons with Disabilities to facilitate accessibility and reasonable accommodations for Persons with Disabilities practicing and interacting with IP Offices under O/o CGPDTM with an endeavor to take all possible steps to make its website, facilities, documents, services, systems and processes accessible to every person. The O/o CGPDTM has appointed a nodal officer (disability) to address needs of…
March 5, 2022 Accessibility, Biological Diversity, Copyrights, Geographical Indications (GI), Industrial Designs, Intellectual Property, Patents, Trademarks 0Comment 1960Views 1Like
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What happens if I don’t use my Trademark?

What happens if I don’t use my Trademark?

As per the Trade Marks Act, 1999, trademarks may be words, names, symbols, devices (logos), designs or any other distinctive sign or mark which helps the consumers distinguish one’s goods or services from those of others. Trademarks act as source identifiers of goods or services of a single entity and work as an advertising tool for that entity, enabling the consumers to identify the product because of its goodwill and consistent quality. Once a mark is registered, the owner of…
February 18, 2022 Intellectual Property, Trademarks 0Comment 3132Views 4Likes
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