Trademark Archives

The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

Inebriated @ 8

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…

July 20, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 865Views 0Like

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Should Every Business get a Trademark under 35?

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…

July 12, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 693Views 0Like

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The image depicts the cover of the presentation with title of Trademark Protection Process in India by Vikram Pratap Singh Thakur

Trademark Protection Process in India- Presentation

May 16, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1736Views 0Like

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The image depicts the cover of the presentation with title of Trademarks Risks by Ms Vintee Mishra

Presentation on Trademarks Risks

May 15, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 701Views 0Like

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Making a Mark – Framing Strategy for India

This post was first published on January 20th, 2011. A trademark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trademark. A famous trademark allows a company to prevent unauthorized use of the trademark for both related and unrelated businesses. In India, use of a famous trademark for unrelated goods or services is considered infringement. A famous trademark is said to be infringed if…

April 28, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 847Views 0Like

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KYUNKI SAAS BHI KABHI BAHU THI Vs. TIDE- Rights in a Cinematographic Work

This post was first published on October 4th, 2011. Star India Private Limited v. Leo Burnett (India) Private Limited Facts: Star India Pvt. Ltd. (plaintiff) is doing the business of acquiring copyrights in cinematograph films, television serials, programs, and also producing and commissioning the production of television programmes for various television channels. These programs enjoy tremendous popularity amongst viewers in India and abroad. Star India Pvt. Ltd. also had acquired the copyright of famous T.V. serial produced by Balaji Telefilms Pvt. Ltd., named,…

April 28, 2019 BananaIP Reporter Intellectual Property, Media and Entertainment Law 0Comment 1898Views 0Like

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The image depicts a display of ads in New York

Trademark Violations in Comparative Advertising

This post was first published on December 2nd, 2012. Comparative Advertising is, as the name suggests, advertising that compares one product or service with another. Comparison is made with the intention of increasing the sales of the advertiser either by suggesting that the advertiser’s product is of the same or better quality to that of the compared product. The aim of such advertisement is to bring to public knowledge an honest comparison of one’s products with those of competitors. Promotion…

April 28, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1312Views 0Like

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Choosing the Right IP Name/Business Representation

This post was first published on March 14th, 2013. Name, logo, device or any other form of business representation is generally the first asset created by an entrepreneur. Often entrepreneurs finalize on a name or logo and develop a strong emotional attachment to it. While it is important to be passionate about your business and its representation, every entrepreneur must take the following steps before finalizing on a business representation: a. Ensure that the name or any other representation shortlisted…

April 28, 2019 BananaIP Reporter Intellectual Property, IP for Start Ups, Trademarks 0Comment 1935Views 0Like

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The image depicts a venn diagram of Copyright, Patent and Trademark

Overlapping IP Protection: Call for Caution

This post was first published on September 11th, 2012. Rights and protection are both victim and villain in overlapping. Overlapping and provision of simultaneous or sequential protection for some inventive and creative works have become a part of the expansive Intellectual property law regime. For example, both copyright law and trademark law now protect ‘Angry Birds’ and ‘Miley Cyrus’. Overlapping copyright and trademark protection for these two characters not only means that their creators receive all the benefits flowing from both the…

February 24, 2019 BananaIP Reporter Copyrights, Intellectual Property, Media and Entertainment Law 0Comment 1972Views 0Like

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Trademark Filing Requirements in India

This post was fist published on 16th February, 2011. A trade mark is a representation for a trade or business of a person. Though registration of a trade mark is not mandatory, registering a mark provides many benefits for enforcing trade mark rights. In order to register a trade mark in India, an application must be filed at any of the five trade mark offices in India. Where to file a Trade Mark application? The trade mark offices in India are located…