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…
Trademarks
811 articles
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…
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…
Trademarking the Name of God? Huh! – Part 3
This post analyses Indian legal cases on trademarking the name of God, particularly focusing on Attukal Bhagavathy Temple's trademark registrations. It examines ongoing legal debates about the commercial…
An In-Depth Look at the Trademark Registration Process – Part IV
This post analyses the trademark examination stage in the Indian registration process, highlighting statutory requirements and responses to objections. It outlines the transition to advertisement in the Trademark…
Grounds for Refusal of Trademark Registration – Part 1
This post explores the absolute grounds for refusal of trademark registration in India, focusing on Section 9 of the Trade Marks Act, 1999. It discusses distinctiveness requirements and…
What NOT to DO While Applying for a Trademark
Many businesses make critical mistakes while applying for trademarks in India, including neglecting due diligence and ignoring official objections. This post details what to avoid during the trademark…
Trademark Litigation: ‘Advantage’ of Settlement
Bayer and Cipla recently settled their trademark dispute over veterinary products, with Cipla agreeing to compensation and ceasing use of contested marks. This case illustrates how IP litigation…
An In-Depth Look at the Trademark Registration Process – Part III
The post discusses the procedure for trademark registration in India, highlighting statutory requirements, jurisdiction, and application particulars. It covers forms, fees, and necessary documentation under the Trade Marks…
Inebriated @ 8
This post discusses the Delhi High Court's analysis of trademark rights in numerals in the liquor industry, focusing on the Carlsberg India v. Radico Khaitan case. The judgment…