This post analyses a Delhi High Court decision on the registrability of composite marks in trademark cancellation proceedings. It highlights the importance of assessing marks as a whole and the evidentiary role of continuous use in such disputes.
Read more about Descriptiveness and Registrability of Composite Marks in Cancellation ProceedingsTag: Descriptive Marks
Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says Court
In the case of Yatra Online Limited v. Mach Conferences and Events Limited, the Delhi High Court examined whether a travel company could claim exclusive rights over the term ‘YATRA’. Concluding that the mark was descriptive and not distinctive, the Court refused to restrain the defendant from using a similar mark.
Read more about Yatra Trademark Claim Rejected: No Monopoly Over Common Travel Terms, Says CourtPart 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.
Read more about Part IV: Descriptive Marks – Can They be Protected?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.
Read more about Part I: Descriptive Marks – Can They be Protected?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.
Read more about Part II: Descriptive Marks – Can They be Protected?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.
Read more about Trademark Registration: Prima Facie Evidence of Validity?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.
Read more about Understanding the Doctrine of Foreign Equivalents – Part 1