Trademarks Archives

Madrid Protocol- International Trademark Filing Becomes Easier

This post was first published on 11th August, 2013. India has been officially notified as a member to the Madrid Protocol on 8th July 2013 joining 89 other countries including the USA and European Union. What is Madrid Protocol The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 744Views 0Like

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Kylie Jenner File Trademark for Nail Products, Yoohoo Animated Series in Russia, Marayur Jaggery Receives GI Tag and Other News

Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, 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to you by the Trademark Attorneys at BananaIP (BIP) Counsels TRADEMARK QUOTE OF THE WEEK A product can be quickly outdated, but a successful brand is timeless- Stephen King INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had an increase in its work pace.…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 702Views 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.

An In-Depth look at the Trademark Registration Process- Part 1

This post was first published on 2nd July, 2014. A trademark is a sign that is used to identify goods and services as those produced or provided by a specific person or enterprise. It helps in distinguishing those goods and services from similar ones provided by another. For example, ‘Apple’ is the trademark that identifies goods and services manufactured and distributed by Apple Inc. The object of trademark law is to deal with the precise nature of rights, which a person…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1163Views 0Like

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The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

Doctrine of Foreign Equivalents – Part 2

This post was first published on 14th October, 2014. As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1163Views 0Like

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The image depicts God. If the post is to be believed, the name of God van be trademarked too! Click on the image to read the full post.

Trademarking the Name of God? – Part 1

This post was first published on 2nd September, 2014. If there is one question that can spark a controversy, it must be this - Is it possible to trademark the name of God? Section 9(2) (b) of the Trade Marks Act, 1999, which deals with Absolute grounds for refusal of registration, mandates that a mark shall not be registered as a trademark if it contains any matter likely to hurt religious susceptibilities of any class or section of the citizens of India.…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2484Views 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 III: Descriptive Marks

This post was first published on 8th September, 2014. In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999,…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 827Views 0Like

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This image depicts Goddess Durga's face. This image is relevant for the post as it about trademarking the name of the Gods! Click on the image to read the full post.

Trademarking the Name of God? Huh! – Part 3

This post was first published on 8th September, 2014. In continuation to the previous post, we shall now have a look at other important cases where the issue of whether or not one can monopolize the name of the Creator by trademarking the name of God is discussed. In order to prevent unauthorized use of the picture of diety of Attukal Devi and description of "Sabarimala of Women / Streegalode Shabharimala (in Malayalam)", Attukal Bhagavathy Temple Trust has secured registration for the…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 976Views 0Like

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An In-Depth Look at the Trademark Registration Process – Part IV

This post was first published on July 10, 2014. Now that we have had a look at the trademark filing process in the previous post, we will move on to discuss the trademark examination process. The process followed in the trademark registration process may be seen in the flow chart below (please click on image to view clearly): Continue Reading An In-Depth Look at the Trademark Registration Process – Part IV

July 22, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 698Views 0Like

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Grounds for Refusal of Trademark Registration – Part 1

This post was first published on 2nd July, 2014. A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include: It should be a mark It should be capable of being represented graphically It should be capable of distinguishing the goods or…

July 22, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 11837Views 0Like

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What NOT to DO While Applying for a Trademark

This post was first published on 22nd June, 2012. 1. Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to. 2. If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will…