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…
Indian trademark law
92 articles
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…
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…
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…
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…
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,…
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…
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…
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…
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…