Descriptive Marks | Intellepedia

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 meaning.

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 a comparative analysis with other jurisdictions.

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 and Supplemental Registers for such marks.

Trademark Registration: Prima Facie Evidence of Validity?

The Delhi High Court has held that trademark registration does not automatically serve as prima facie evidence of validity. This decision, particularly impacting descriptive marks, invites scrutiny of Section 31 of the Trademarks Act 1999 and its practical effects.

Understanding the Doctrine of Foreign Equivalents – Part 1

This post examines the doctrine of foreign equivalents in trademark law, focusing on its use in assessing confusion and descriptiveness of foreign word marks. The analysis covers legal standards, key cases, and the doctrine’s practical limitations.