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Tag: Descriptive Trademarks

Hot Mess? Court says “HOT MIX” is for everyone!

Author: Intellepedia
October 26, 2024
Case Reviews, Intellectual Property, Trademarks

The Delhi District Court ruled that “HOT MIX” is a generic, descriptive term and cannot be exclusively owned. The plaintiff’s claims for trademark infringement and passing off were dismissed, as no likelihood of consumer confusion was established.

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Part III: Descriptive Marks

Author: Intellepedia
July 25, 2019
Intellectual Property, Trademarks

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 with Indian and EU trademark law and sets the stage for the concluding discussion on Indian law.

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Grounds for Refusal of Trademark Registration – Part 1

Author: Intellepedia
July 22, 2019
Intellectual Property, Trademarks

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 the circumstances under which descriptive or customary marks may be registered.

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Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?

Author: Intellepedia
October 28, 2018
Intellectual Property, Trademarks

The High Court of Delhi examined whether exclusivity can be claimed over the term IMPERIAL for alcoholic beverages. The judgment clarified that IMPERIAL is a descriptive and laudatory term, preventing proprietary rights for its use in alcohol trademarks.

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