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.
Read more about Grounds for Refusal of Trademark Registration – Part IIICategory: Trademarks
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.
Read more about Case Study – Trademark for Film TitlesTrademark 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.
Read more about Trademark Registration process – Part IITrans-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.
Read more about Trans-border Reputation of Well Known Marks – Part IVFlavour 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.
Read more about Flavour Marks – Can They Become a Reality?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.
Read more about Domain Names, Email or Private Communication as Proof of Trademark UseEvidence 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.
Read more about Evidence Required to Determine Well Knownness of a Trademark – Part IIIToo 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.
Read more about Too much Success is Not Always Good: A Look at Genericization of TrademarksMUCOSOLVIN 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.
Read more about MUCOSOLVIN confusingly similar to MUCOSOLVANMadrid 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.
Read more about Madrid Protocol- International Trademark Filing Becomes Easier