Trademarks Archives | Page 40 of 68

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 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 1343Views 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 1691Views 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 1101Views 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 919Views 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 1039Views 0Like

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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 1905Views 0Like

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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 1549Views 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 4633Views 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 797Views 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…