Trademarks Archives | Page 67 of 68

Existing Trademark blocks Apple Watch sale in Switzerland

In latest news, Apple has been banned from launching its new Watch in Switzerland as in other European countries, scheduled to be on April 24, 2015, because of an Intellectual Property Rights issue. They cannot use the image of an apple or the word 'apple' to launch their product in Switzerland because of a trademark from 1985. The trademark currently belongs to William Longe, who owns watch brand, Leonard, that first filed the trademark application. He applied to the Swiss…

April 7, 2015 BananaIP Reporter Trademarks 0Comment 1178Views 1Like

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Case Brief: Shamnad Basheer v. Union of India & Others

Article contributed by Heema Shirvaikar, Intern at BananaIP Counsels, 3rd-year Law Student at Symbiosis, Pune. Facts and brief history of case: In 2011, a Writ Petition was filed before the Madras High Court by Mr. Shamnad Basheer, seeking a Writ of Declaration, to declare the establishment of the Intellectual Property Appellate Board (IPAB) under the Trade Marks Act, 1999, and the Patents Act, 1970 as violative of the basic structure of the Constitution of India. Shamnad Basheer, founder of…

March 11, 2015 BananaIP Reporter Intellectual Property, Patents, Trademarks 0Comment 2224Views 1Like

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E-commerce Retailers face flak over alleged Counterfeits by Vendors

E-retailers have come a long way since the advent of e-commerce in India in the early 2000s. Other than a few cautious buyers, most have become comfortable purchasing an entire range of products online. However, nowadays a lot of e-commerce customers are left fuming because of counterfeit vendors gaining a foothold even in reputed e-commerce sites. In October 2014, the Delhi High Court prohibited Gurgaon-based online marketplace, ShopClues from using, manufacturing, marketing, selling, displaying or advertising the name of L’oreal…

February 18, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 696Views 1Like

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Weekly IP Warm-UP!

GOOGLE V. SPAIN – SPANISH PUBLISHERS SUFFER AS GOOGLE NEWS CLOSES OPERATIONS A new Copyright law which has made it mandatory for Google, Yahoo and other news aggregators to pay licensing fee to all news publishers for using their stories or snippets in Google News, results in Google cutting its operations in Spain. However, the regulation allowed publishers to opt in to Google’s index, and prevent Google from paying licensing fee. COPYRIGHT REGULATION TO ALLOW PRIVATE COPYING; TO FACE IRE…

January 14, 2015 BananaIP Reporter Copyrights, Media and Entertainment Law, Patents, Trademarks 0Comment 744Views 1Like

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The image reads Trademark. The post is about the Trademark Agent Exam which will be conducted soo. Click on the image to read the full post.

Understanding the Doctrine of Foreign Equivalents – Part 1

This post was first published on 10th October, 2014. The Doctrine of Foreign Equivalents is a rule used in the Trademark Law which states that a foreign word and its equivalent English translation may be deemed confusingly similar. Under this doctrine, marks consisting of or including foreign words or terms from common, modern languages are translated into English to determine the extent to which it is generic, descriptive, the likelihood of confusion it may cause among other similar issues. The Trademark Manual of…

October 10, 2014 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1196Views 1Like

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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 II

In the previous blog post, we discussed Section 9(1) which laid down a few absolute grounds for refusal of registration of trademarks. Today, we’ll explain in detail, Section 9(2) which states: "A mark shall not be registered as a trademark if: It is of such nature as to deceive the public or cause confusion; It contains or comprises any matter likely to hurt the religious susceptibilities of any class or section of the citizens…

July 4, 2014 BananaIP Reporter Intellectual Property, Trademarks 0Comment 3024Views 1Like

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Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

As discussed in our previous post, for determining the well knownness of a trademark, the claimant of the well knownness is required to prove beyond reasonable doubt that the mark enjoys high reputation among a substantial segment of consumers, with respect to the goods and/or services to which said mark is applied. In order to conceptualize the principle behind the well knownness of a trademark, it is important to understand the legal interpretations of the terms ‘substantial segment of consumers’…

July 2, 2014 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1036Views 1Like

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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.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

In continuation to our previous post on Well Known marks, in this post we will be discussing the factors that should be taken into consideration while determining the well knownness of a mark. Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific…

June 30, 2014 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2314Views 1Like

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Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

A recent decision from the Delhi High Court (HC) pertaining to the publisher of a weekly magazine, India Today, filing an application for an interim injunction at the Delhi HC so as to restrain Alpha Dealcom from launching a news channel with the name 'Nation Today', stresses the importance of submissions in response to an Examination Report made before the Trademarks Registry. The publisher of India Today argued that the use of the word ‘Today’ infringed its Trademark. The Delhi HC held that,…

June 10, 2014 BananaIP Reporter Intellectual Property, Trademarks 0Comment 776Views 1Like

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This image depicts tyres. This post is about how the court answered the question s to who owns the goodwill for a trademark-the seller or the manufacturer in a case. Click on the image to read the full post.

“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

This post was first published on 15th February, 2012. A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which…

February 15, 2012 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1224Views 1Like

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Celebrating 20 Years of IP Excellence

Existing Trademark blocks Apple Watch sale in Switzerland

Case Brief: Shamnad Basheer v. Union of India & Others

E-commerce Retailers face flak over alleged Counterfeits by Vendors

Weekly IP Warm-UP!

Understanding the Doctrine of Foreign Equivalents – Part 1

Grounds for Refusal of Trademark Registration – Part II

Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

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