trademark law Archives

Madrid Protocol- International Trademark Filing Becomes Easier

This post was first published on 11th August, 2013. India has been officially notified as a member to the Madrid Protocol on 8th July 2013 joining 89 other countries including the USA and European Union. What is Madrid Protocol The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 744Views 0Like

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The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

Doctrine of Foreign Equivalents – Part 2

This post was first published on 14th October, 2014. As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1164Views 0Like

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The image depicts God. If the post is to be believed, the name of God van be trademarked too! Click on the image to read the full post.

Trademarking the Name of God? – Part 1

This post was first published on 2nd September, 2014. If there is one question that can spark a controversy, it must be this - Is it possible to trademark the name of God? Section 9(2) (b) of the Trade Marks Act, 1999, which deals with Absolute grounds for refusal of registration, mandates that a mark shall not be registered as a trademark if it contains any matter likely to hurt religious susceptibilities of any class or section of the citizens of India.…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2486Views 0Like

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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.

Part III: Descriptive Marks

This post was first published on 8th September, 2014. In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999,…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 827Views 0Like

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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

An In-Depth Look at the Trademark Registration Process – Part IV

This post was first published on July 10, 2014. Now that we have had a look at the trademark filing process in the previous post, we will move on to discuss the trademark examination process. The process followed in the trademark registration process may be seen in the flow chart below (please click on image to view clearly): Continue Reading An In-Depth Look at the Trademark Registration Process – Part IV

July 22, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 698Views 0Like

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What NOT to DO While Applying for a Trademark

This post was first published on 22nd June, 2012. 1. Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to. 2. If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will…

July 22, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 593Views 0Like

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The image depicts Cipla's range of veterinary products marked 'Advantage'. Another company has a similar mark 'Advantix' for the similar products. This post talks about how the trademark issue was settled. Click on the image to read the full post.

Trademark Litigation: ‘Advantage’ of Settlement

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…

July 22, 2019 BananaIP Reporter Intellectual Property, Patents, Trademarks 0Comment 891Views 0Like

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Can Sound Be Registered as a Trademark?

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…

July 15, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2592Views 0Like

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A Marksman to Get Your Mark- Choosing the Right Trademark Attorney

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…

July 11, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 722Views 0Like

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Swarovski’s Shining Trademark Win, Walmart Accused for Trademark Infringement, DPIIT Issues GI Logo, Tagline Usage Guidelines and Other News

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…