Trademarks | Intellepedia

Young Intellectuals: Intellectual Property Insights

Intellect breeds wisdom, and wisdom begets knowledge. Intellectuals push the boundaries of knowledge and creativity, and with these sharp minds around, the world is always...

McDonald’s wins and is “lovin’ it”

McDonald’s has prevailed in its opposition to Supermac’s trademark application before the EU office, citing potential consumer confusion. The ruling restricts Supermac from using its brand name for fast food services in the EU but allows use for other products, with an option to appeal.

The First Amendment strikes again

The Slants trademark dispute addresses whether the Lanham Act’s disparagement clause violates the First Amendment. The case ultimately led to a significant decision on the constitutionality of denying trademark registration for allegedly offensive marks.

Comments and Suggestions on the Draft Trademark Rules, 2015

This analysis examines the Draft Trademark Rules 2015, discussing improvements in registration procedures and areas needing further clarity. The post highlights both the benefits and possible drawbacks of the proposed amendments, offering structured suggestions for more effective implementation.

World’s Best IP Blogs – Likelihood of Confusion

Likelihood of Confusion stands out as a leading IP blog, offering insightful analysis on trademark and copyright law. Authored by Ron Coleman, the blog’s unique perspectives make it a valuable resource for legal professionals and academics alike.

Don’t take the God’s name in vain

The Supreme Court of India has ruled that religious names like Ramayan cannot be trademarked for commercial products, citing public interest and the Trade Marks Act. This post examines the legal reasoning behind the decision and its implications for trademark law in India.

Intellectual Property and Licensing- A presentation by Dr. Kalyan C. Kankanala at IIM-B

This presentation was delivered by Dr. Kalyan C. Kankanala to PGP-Enterprise Management students at IIM-Bangalore, as a part of their Business Law curriculum. The presentation...

Pidilite Industries vs. Vilas Nemichand Jain.

The Bombay High Court examined the requirements for passing off a descriptive trademark in Pidilite Industries vs Vilas Nemichand Jain. The Court held that plaintiffs must prove both prior use and secondary meaning, dismissing the claim for lack of sufficient evidence.

The Indian Express case

The Bombay High Court held that using ‘Indian Express’ in a different script amounts to trademark infringement, protecting the mark’s well-known status. The judgment clarifies the interplay between trademark rights and newspaper title registration in India.

Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

The Draft Trademark (Amendment) Rules, 2015 propose major changes to Indian trademark law, including increased filing fees and fewer application forms. While the streamlined process is welcome, expanded discretionary powers for the Registrar may lead to concerns regarding well-known trademark recognition.