trademark law Archives | Page 12 of 12

Phonetic Justice for Trademark

This article was contributed by Swastika Chakravarti. How important are phonetics in trademarks, you ask? The General Court of the European Union has an answer for you. In deciding a matter between Pay TV giant, Sky and Microsoft (owners of Skype), the Court relied on the similarity of signs in terms of concept and phonetics to deny Microsoft a trademark for Skype in Europe. Holding that the pronunciation of ‘y’ in Skype is no shorter than in Sky, the Court…

May 8, 2015 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1418Views 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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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…