Trade Marks Act 1999 | Intellepedia

SoEasy™: Not So Easy to Trademark

SoEasy shows that it is not always so easy to refuse a mark as laudatory: once the mental-leap test was applied, the SoEasy trademark comfortably cleared the distinctiveness hurdle.

Aceclofenac Marks and the Limits of Exclusivity: The ACECLO Dispute

In the case of ACECLO versus ACECLOHEAL, aceclofenac-derived branding ran into Section 13 and the publici juris problem. Registration didn’t rescue exclusivity, and the visual and market differences did the rest.

Descriptiveness and Registrability of Composite Marks in Cancellation Proceedings

Scattered jigsaw puzzles with few puzzles with the words 'STORE', 'MY' and 'GOODS' and the images of a red house.

This post analyses a Delhi High Court decision on the registrability of composite marks in trademark cancellation proceedings. It underscores the importance of assessing marks as a whole and the evidentiary role of continuous use in such disputes.

Order of the Rose: Sets Olfactory Trademark Standards

This note summarizes the Trade Marks Registry’s ‘Order of the Rose’ on registration of an olfactory trademark in India for rose-scented tyres. It explains the objections, the IIIT Allahabad graphical model and the Registrar’s reasoning on distinctiveness under the Trade Marks Act, 1999.

Not everyone’s cup of coffee! Cothas Coffee sips a trademark victory

The Bengaluru Civil Court has permanently restrained former partners of Cothas Coffee from using the mark “COTHA” for coffee businesses, citing trademark infringement and lack of bona fide use. This judgment highlights the legal standards for trademark protection and passing off under Indian law.

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court rejected Monster Energy’s trademark application, finding “Energy for the Journey” was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability under Indian law.

Refusal of FACT Trademark for Air/Water Purification Products Set Aside

The Madras High Court reversed the refusal of the FACT trademark for air and water purification products, noting clear sectoral distinctions from existing marks. The decision underscores the importance of distinctiveness and product classification in trademark registration.

“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court ruled that cryptic and uncommunicated orders by the Registrar of Trade Marks violate procedural fairness. The court mandated a fresh review of the trademark application, reinforcing the importance of reasoned decisions in quasi judicial processes.

Lost in the Inbox? Delhi High Court Saves Dabur’s Trademark Application

The Delhi High Court restored Dabur’s trademark application for Odonil Mystic Rose, citing procedural lapses by the Trade Marks Registry in serving the notice of opposition. The judgment reinforces the importance of fair opportunity and natural justice in trademark proceedings.

Delhi High Court Declares Hermès’ “H” a Well-Known Trademark

The Delhi High Court has declared Hermès’ “H” a well-known trademark in India after considering strong evidence of reputation and global recognition. This follows a ruling in a trademark infringement case under the Trade Marks Act, 1999.