Trademarks | Intellepedia

Beer versus Whiskey- Beer Wins 8PM battle

The Delhi High Court decided there was no trademark infringement or passing off in the 8pm case between Radico Khaitan and Carlsberg. The court found clear differences between beer and whiskey products, denying the plaintiff’s injunction claim.

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The Madras High Court reiterated that generic terms in trademarks cannot be monopolized and must be assessed as part of the whole mark. The Court set aside the IPAB’s order to remove Rhizome’s mark, clarifying the application of the Trade Marks Act in such disputes.

Exxon Mobil’s Trademark Win, Brazil Joins Madrid Protocol, Subway Surfers Surfs to India and Other News

This edition details Indian trademark statistics, Exxon Mobil’s legal win, Brazil’s entry to the Madrid Protocol, and Odisha Rasagola’s GI tag. It also offers updates on brand licensing and new franchises, highlighting developments in intellectual property and trademark law in India.

Pepsodent’s Attaaaack on Colgate Continues

The Delhi High Court declined Colgate’s request for an interim injunction against Pepsodent’s comparative advertisements. The Court analysed trademark, advertising, and competition law, clarifying the legal boundaries of comparative advertising in India.

Introduction to Well-Known Trademarks and Trademark Dilution

The post explores well-known trademarks and the different forms of trademark dilution under Indian and international law. It discusses statutory definitions, key criteria, and legal distinctions relevant to the protection of famous marks.

Grounds for Refusal of Trademark Registration – Part III

Section 9(3) sets out absolute grounds for refusal of trademark registration concerning the shape of goods in India. This post analyses the legal barriers to registering shapes as trademarks, ensuring clarity on what is excluded and why.

Case Study – Trademark for Film Titles

This article examines the trademark protection of film titles in India, highlighting legal requirements and judicial precedents. It addresses the significance of secondary meaning and the impact of key court decisions on enforcing film title trademarks.

Trademark Registration process – Part II

This post examines the importance of trademark search and classification in the Indian registration process. It discusses how the Nice Classification is used and highlights the legal considerations before filing a trademark application.

Trans-border Reputation of Well Known Marks – Part IV

The post provides an analytical overview of transborder reputation for trademarks in India, discussing legal requirements and court approaches. It highlights the evidentiary standards foreign entities must meet to establish reputation and enforce rights against Indian businesses.

Flavour Marks – Can They Become a Reality?

This post analyses whether flavour marks can be registered as trademarks under Indian and international law. It objectively examines legal hurdles and recent case law, providing a structured, analytical perspective on the subject.