Trademarks Archives

Vistara Airlines Wins a Counterfeit Battle, Tirur Betel Leaf Gets GI Tag and Other News

Indian Trademark Statistics for August (Second Week), Guns N’ Roses Settlement, Superdry Plans Expansion in India, Sonata’s Range of Mission Mangal Watches Hit the Market, Oracle’s Trademark Battle, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer's decision to choose one product or service over another.” – Seth Godin INDIAN TRADEMARK STATISTICS Last week, the…

August 21, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 832Views 0Like

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This image depicts a statue of Lord Shiva. It is relevant to the post, as the post talks about the possibility of trademarking the name of God! Click on the image to read the full post.

Trademarking the name of God? Huh! – Part 2

This post was published on September 04, 2014. In this continuation post on legal aspects of trademarking god's name, we shall look into a few cases where Courts have discussed whether or not one can trademark God's name and therefore have monopoly in using God's name as an Intellectual Property. Usually, for a trademark used for a particular brand of goods or services, to be granted, it has to acquire secondary distinctiveness in its respective consumer market, and thus, one…

August 16, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1799Views 0Like

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This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

Part I: Descriptive Marks – Can They be Protected?

This post was published on September 01, 2014. In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section…

August 15, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 945Views 0Like

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Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News

Indian Trademark Statistics for August (Second Week), Selena Gomes Files New Trademark, Tupperware to Open 30 Franchise-Run Stores, Ginsu Carves Licensing Program with JRL, Palani Panchamirtham Gets GI Tag and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “Define what your brand stands for, its core values and tone of voice, and then communicate consistently in those terms”- Simon Mainwaring INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a mixed…

August 15, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1047Views 0Like

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Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

Indian Trademark Statistics for August (First Week), Kodaikanal Hill Garlic Gets GI Tag, Maurizio Collaborates with Filippo, Ola Expands Operations in Australia, Stan Lee Comes to Life: All American Licensing Partners with POW and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “The investment you make into a brand makes its name worth it” - Bernard Kelvin Clive INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed week. The…

August 7, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 944Views 0Like

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Part II: Descriptive Marks – Can They be Protected?

This post was published on September 08, 2014. In the second post of this blog series, we shall be analyzing the US approach towards descriptive marks. In the US, a mark is merely descriptive if it “consists merely of words descriptive of the qualities, ingredients or characteristics of the goods or services related to the mark”, being enough if it describes one characteristic of said goods or services. Like in India, a mark which is merely descriptive or deceptively…

August 5, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1293Views 0Like

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image for RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED

Beer versus Whiskey- Beer Wins 8PM battle

This post was first published on September 24, 2011. RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED , decided on 16th September, 2011 by Delhi High Court Facts:- The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted…

August 4, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1635Views 0Like

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Court Re-Emphasizes the Exclusion of Generic Terms from Registration

This post was first published on March 30, 2012. Recently Madras High Court has delivered a very interesting judgment on trademark infringement and passing off in the case of Rhizome Distilleries Pvt. Ltd Vs. Union Of India & Others on 16 February, 2012. The suit has been filed by Rhizome Distilleries Pvt. Ltd against four different Respondents. They are- 1. Union of India, 2. Intellectual Property Appellate Board, 3. The Registrar of Trade Marks, 4. Pernod Richard S.A. The petitioner company is a…

August 3, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1047Views 0Like

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Exxon Mobil’s Trademark Win, Brazil Joins Madrid Protocol, Subway Surfers Surfs to India and Other News

Indian Trademark Statistics for July (Fourth Week), Odisha Rasagola Gets GI Tag, Kanye West Trademarks Sunday Service, New York Fries to be opened in India and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “A product can be quickly outdated, but a successful brand is timeless" - Stephen King INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a slow work pace. The total number of applications disposed through show cause…

July 31, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 883Views 0Like

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Pepsodent’s Attaaaack on Colgate Continues

First Publication Date: 18th September, 2009. In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of…

July 31, 2019 BananaIP Reporter Trademarks 0Comment 945Views 0Like

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Celebrating 20 Years of IP Excellence

Vistara Airlines Wins a Counterfeit Battle, Tirur Betel Leaf Gets GI Tag and Other News

Trademarking the name of God? Huh! – Part 2

Part I: Descriptive Marks – Can They be Protected?

Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News

Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News

Part II: Descriptive Marks – Can They be Protected?

Beer versus Whiskey- Beer Wins 8PM battle

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

Exxon Mobil’s Trademark Win, Brazil Joins Madrid Protocol, Subway Surfers Surfs to India and Other News

Pepsodent’s Attaaaack on Colgate Continues

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