secondary meaning | 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 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.

Case Study – Trademark for Film Titles

This article examines the trademark protection of film titles in India, highlighting legal requirements and judicial precedents. It addresses the significance of secondary meaning and the impact of key court decisions on enforcing film title trademarks.

Flavour Marks – Can They Become a Reality?

This post analyses whether flavour marks can be registered as trademarks under Indian and international law. It objectively examines legal hurdles and recent case law, providing a structured, analytical perspective on the subject.

INDIAN TRADEMARK LAW ON PROTECTION OF MOVIE TITLE – Part 2

This post examines major Indian legal cases on trademark protection of movie titles, focusing on secondary meaning and distinctiveness as essential criteria. It discusses industry registration practices and landmark High Court decisions impacting the film industry.

Pidilite Industries vs. Vilas Nemichand Jain.

The Bombay High Court examined the requirements for passing off a descriptive trademark in Pidilite Industries vs Vilas Nemichand Jain. The Court held that plaintiffs must prove both prior use and secondary meaning, dismissing the claim for lack of sufficient evidence.