Part IV: Descriptive Marks – Can They be Protected?
This post analyses the Indian legal stance on descriptive marks under the Trademark Act, 1999. It explains the criteria for their protection, focusing on acquired distinctiveness and secondary…
Trademarks
825 articles
Vistara Airlines Wins a Counterfeit Battle, Tirur Betel Leaf Gets GI Tag and Other News
This week’s update reviews Vistara’s victory in a counterfeit case, the GI tag for Tirur Betel Leaf, and key trademark legal developments. It also covers brand expansion and…
Trademarking the name of God? Huh! – Part 2
This post examines key Indian court decisions on trademarking god's names, analysing issues of distinctiveness and monopoly. The discussion highlights why courts have restricted exclusive rights over common…
Part I: Descriptive Marks – Can They be Protected?
This post discusses the eligibility of descriptive marks for trademark protection under Indian law. It explores statutory requirements and outlines the broader legal context, setting the stage for…
Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News
The post summarises major trademark news from India, including statistical trends, the GI tag for Palani Panchamirtham, and a notable infringement case involving Durian Industries. It also covers…
Idhayam Trademark Battle, PayPal Files Infringement against Lenmo, Bata Aims to Launch 500 Franchise Stores in India and Other News
This edition highlights significant trademark infringement cases, GI tag achievements, and brand licensing deals in India and abroad. Key stories include the Idhayam oil trademark battle, PayPal’s legal…
Part II: Descriptive Marks – Can They be Protected?
This post analyses how US trademark law treats descriptive marks, addressing their registration requirements and the concept of secondary meaning. It also covers the significance of the Principal…
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…
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…
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…