Trademarks | Intellepedia

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

This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence might be accepted.

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

This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.

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

The article explores how excessive success of a trademark can lead to its genericization, undermining its legal protection. It analyses Indian and international legal frameworks and provides notable examples to illustrate the risks for brand owners.

MUCOSOLVIN confusingly similar to MUCOSOLVAN

The Delhi High Court addressed the trademark dispute between MUCOSOLVIN and MUCOSOLVAN, focusing on their deceptive similarity and consumer confusion. The judgment provides key insights into trademark protection in the pharmaceutical sector.

Madrid Protocol- International Trademark Filing Becomes Easier

India’s membership in the Madrid Protocol simplifies and reduces the cost of international trademark filings. The Protocol provides Indian applicants with a unified process to secure trademark protection in multiple jurisdictions.

Kylie Jenner File Trademark for Nail Products, Yoohoo Animated Series in Russia, Marayur Jaggery Receives GI Tag and Other News

The latest bulletin reviews Indian and global trademark news, focusing on statistics, legal rulings, and new trademark filings. Notable updates include court decisions, brand licensing initiatives, and the grant of a GI tag to Marayur Jaggery.

An In-Depth look at the Trademark Registration Process- Part 1

This post examines the legal definition and registration process for trademarks in India under the Trade Marks Act, 1999. It outlines the acquisition and protection of trademark rights, providing a structured introduction to the statutory and procedural framework.

Doctrine of Foreign Equivalents – Part 2

This post explores how Indian courts interpret the Doctrine of Foreign Equivalents in trademark registration. Focusing on a Bombay High Court case, it highlights the legal reasoning and practical implications for marks using foreign words.

Trademarking the Name of God? – Part 1

This post explores the legal issues around trademarking the name of God in India. It analyses the Trade Marks Act, 1999 and discusses the implications for religious symbols and public domain names.

Part III: Descriptive Marks

This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison with Indian and EU trademark law and sets the stage for the concluding discussion on Indian law.