This post was originally published on 18th December, 2011.
Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks. These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court…
This post was first published on July 07, 2014.
In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process.
The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal…
This post was first published on December 22, 2011.
In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark…
Indian Trademark Statistics for July (Third Week), 5 Crore Penalty for a Trademark Infringement, Ryanair Sued Over Trademark Infringement, TeeStory Launches Official Disney Merchandise, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”- Daniel J. Boorstin
INDIAN TRADEMARK STATISTICS
Last week, the…
This post was first published on 15th October, 2012.
A trademark is a word or symbol which is associated with a product or company. It is one of the important Intellectual properties of any Company. With the diversification of means for branding products, sound marks/sound logos (such as Intel's "Intel inside" musical jingle"; MGM lion's roar) have got prominence and their protection has become an important aspect. No company would desire such a unique identification sound to be moving into public…
This post was first published on 12th March, 2012.
Recently, an entrepreneur came to me for advice on obtaining trademark protection. The man said he runs a software development and services company and he found a competitor running a similar business in USA under a trademark that is identical to his. As a prior user, he wanted to protect his trademark but was unsure of what trademark classes he should apply under.
I advised him to file applications under Class 9 for…
Indian Trademark Statistics for July (Second Week), Uttarakhand Thulma Filed for GI, New US Trademark Rules for Foreign Applicants, Shemaroo Collaborates With Macmerise, Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
“Every Trade Mark you Build adds to the financial value of your business, much more than your tangible assets” - Dr, Kalyan C. Kankanala.
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office…
This post was first published on December 15, 2011.
Trademark protection is an indispensable requirement for any business today. Any running business without a registered trademark, is not only prone to passing off but also runs a risk of infringing other registered trademarks. Trademark registration is sought by most business organisations today as a protection and risk mitigation measure.
Due to an ever growing requirement for trademark registration services, a number of service providers have mushroomed off late…
This post was first published on August 21, 2013
There is yet another war between Hindustan Unilever Limited (Pepsodent) and Colgate- Palmolive (Colgate), regarding a comparative advertisement by HUL, which shows two kids brushing their teeth with Pepsodent and Colgate, where both the toothpaste packs are clearly visible. The kids then take a cavity test, and the voiceover follows which says that, Pepsodent Germicheck is 130% better than Colgate, when it comes to germ attack (news available here).
Colgate-Palmolive is known to…
Indian Trademark Statistics for July (First Week), Cardi B’s Trademark Denied Registration, Teletubbies Arrive on ASOS, Hershey’s and Emoji Secure a Sweet Deal, Swarovski’s Shining Trademark Win, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels.
TRADEMARK QUOTE OF THE WEEK
"Unlike other forms of IP, trademarks are there to stay, to stay and provide business/competitive value as long as your business lasts." – Dr. Kalyan C. Kankanala, BananaIP Counsels.
INDIAN TRADEMARK STATISTICS
Last week, the Indian Trademark Office have…