Trademarks Archives

Introduction to Well-Known Trademarks and Trademark Dilution

This post was first published on June 30th, 2014. Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the…

July 30, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1815Views 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.

Grounds for Refusal of Trademark Registration – Part III

This post was first published on 8th July, 2014. In today’s post, we’ll be talking about Section 9(3), thereby concluding one half of the series, i.e., absolute grounds for refusal of registration of trademarks. Section 9(3) talks about the registrability of the shape of goods. As per the provision, a mark shall not be registered as a trademark if it consists exclusively of: Shape of goods which results from the nature of the goods themselves; Shape of goods necessary…

July 28, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1516Views 0Like

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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

Case Study – Trademark for Film Titles

This post was first published on June 27th, 2014. What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film…

July 27, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 4388Views 0Like

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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

Trademark Registration process – Part II

This post was first published on 7th July, 2014. In continuation to my previous post, this post is with regard to trademark search and classification of different classes. A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold: To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular…

July 27, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 768Views 0Like

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Trans-border Reputation of Well Known Marks – Part IV

This post was first published on 7th July, 2014. Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark…

July 27, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1289Views 0Like

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This image depicts a pizza, as the post is about trademarking flavours. Click on the image to read the full post.

Flavour Marks – Can They Become a Reality?

This post was first published on 26th November, 2014. Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan. Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel's Donne Biryani or CTR's Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an…

July 26, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1268Views 0Like

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This image reads Evidence in bold red. This post talks about what is admissible as evidence in cases questioning trademarks. Click on the image to read the full post.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post was first published on 7th July, 2014. In this post, we will look into whether the mere use of trademark as part of a domain name or as an email id or even as private communication between parties can stand as proof of use of a trademark. Documentary proof is generally submitted to show that an Applicant has been continuously using an impugned mark. It is an effort for Applicants to show trademark examiners how they use the trademark…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1649Views 0Like

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Evidence Required to Determine Well Knownness of a Trademark – Part III

This post was first published on 3rd July, 2014. As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark. Although a hard and fast rule cannot be…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2354Views 0Like

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The image depicts a tombstone with the Registered mark on it. This post talks about Trademark death due to genericization. Click on the image to read the full post.

Too much Success is Not Always Good: A Look at Genericization of Trademarks

This post was first published on 10th June, 2014. Trademarks are vital for the commercialization and growth of an industry. It is a valuable asset for a business entity as it acts as a link between the goods and the producer. It is through trademarks that consumers identify a particular product, as a result of which, it can be rightly said that the reputation of a company is built on trademarks. As a brand gains popularity, it is subject to various…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1500Views 0Like

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

This post was first published on 5th January, 2014. The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical…