trademark law Archives | Page 4 of 12

This image reads Evidence in bold red. This post talks about what is admissible as evidence in cases questioning trademarks. Click on the image to read the full post.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post was first published on 7th July, 2014. In this post, we will look into whether the mere use of trademark as part of a domain name or as an email id or even as private communication between parties can stand as proof of use of a trademark. Documentary proof is generally submitted to show that an Applicant has been continuously using an impugned mark. It is an effort for Applicants to show trademark examiners how they use the trademark…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1941Views 0Like

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Evidence Required to Determine Well Knownness of a Trademark – Part III

This post was first published on 3rd July, 2014. As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark. Although a hard and fast rule cannot be…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 2509Views 0Like

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The image depicts a tombstone with the Registered mark on it. This post talks about Trademark death due to genericization. Click on the image to read the full post.

Too much Success is Not Always Good: A Look at Genericization of Trademarks

This post was first published on 10th June, 2014. Trademarks are vital for the commercialization and growth of an industry. It is a valuable asset for a business entity as it acts as a link between the goods and the producer. It is through trademarks that consumers identify a particular product, as a result of which, it can be rightly said that the reputation of a company is built on trademarks. As a brand gains popularity, it is subject to various…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1653Views 0Like

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

This post was first published on 5th January, 2014. The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical…

July 25, 2019 BananaIP Reporter Intellectual Property, Trademarks 0Comment 1505Views 0Like

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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 920Views 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 1337Views 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 2779Views 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 903Views 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 760Views 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…