Indian trademark law | Intellepedia

Beer versus Whiskey- Beer Wins 8PM battle

The Delhi High Court decided there was no trademark infringement or passing off in the 8pm case between Radico Khaitan and Carlsberg. The court found clear differences between beer and whiskey products, denying the plaintiff’s injunction claim.

Introduction to Well-Known Trademarks and Trademark Dilution

The post explores well-known trademarks and the different forms of trademark dilution under Indian and international law. It discusses statutory definitions, key criteria, and legal distinctions relevant to the protection of famous marks.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence might be accepted.

Evidence Required to Determine Well Knownness of a Trademark – Part III

This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.

An In-Depth look at the Trademark Registration Process- Part 1

This post examines the legal definition and registration process for trademarks in India under the Trade Marks Act, 1999. It outlines the acquisition and protection of trademark rights, providing a structured introduction to the statutory and procedural framework.

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 practical implications for marks using foreign words.

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

Should Every Business get a Trademark under 35?

The post examines whether every business needs to register a trademark under class 35 in India, especially for software companies. It clarifies the relevance of trademark classes and warns against filing unnecessary applications.

Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, New US Trademark Rules for Foreign Applicants, Kingfisher Resurfaces in New Zealand and Other News

The latest trademark news covers Max Healthcare’s legal win over Maxcure Hospitals for trademark infringement and new US rules for foreign applicants. Key updates also include Kingfisher’s licensing move in New Zealand and a GI application for Uttarakhand Thulma.

Leading Food Products Company

A leading food products company optimised its trademark portfolio through rigorous due diligence and compliance checks. The resulting actions improved legal clarity, reduced costs, and enhanced alignment with business goals.