The Delhi High Court has sent a trademark application for the word “Bharat” with a device back to the examiner for re-evaluation. While a previous court order ruled the mark distinctive, it failed to address objections about potential genericness. This case highlights the importance of a thorough trademark examination process. Continue Reading The Delhi High Court directs the Examiner to advertise the ‘Bharat’ mark after examining all the objections.
"Are you the Bananas?" the client asked, laughing loudly when we entered.
"Yes, we are," I said, laughing with her.
Almost every one laughs when we introduce ourselves for the first time.
"Hi, I am from BananaIP."
"Where did you say you are from? Ha Ha Ha"
They can't help laughing.
One even went to the extent of proclaiming, "Who in the right frame of mind calls an IP firm Banana!"
"Me," I said instantly, summoning all my energies to…
This post discusses a recent case update with regard to prior use of a descriptive trademark. The case presents an interesting aspect of trademark law, i.e., when claiming for passing off action of a descriptive trademark, the Plaintiff must provide convincing evidence to establish the prior use and the secondary meaning which has been acquired for the trademark. The case described herein was filed on 26th July 2010 before the High Court of Bombay, by two companies namely, Pidilite Industries Limited…
First Publication Date: 8th January 2010
How important is it to choose the right trademark and how to choose the apt mark?
With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity…