Trademark distinctiveness

Logo Vs. Word Trademarks: Haveli Logo Trademark Rights Do Not Extend to the Common Word

In the case of Haveli Restaurant and Resorts Limited vs Registrar of Trade Marks and Another, the court examined whether long standing use of a brand name and registration of logos could convert a commonly used word into exclusive trademark property. The court considered the nature of the word HAVELI, its widespread use in the hospitality sector, and whether consumers were likely to associate that word with only one restaurant chain. The court rejected the claim that registration of a logo or a composite mark could confer exclusive rights over a common word.

Indian Courts on Trademark Law: Key Decisions Review – Part 8

This review discusses recent Indian court decisions that clarify trademark distinctiveness and registration, focusing on notable cases like NATURE’S VARIETY, Kavach, and Oleev Active. The analysis highlights the judiciary’s evolving approach to trademark law in India.

Insightful Analysis of Recent Indian Trademark Court Decisions – Part 7

This analysis reviews recent Indian trademark court decisions, highlighting the Bombay and Delhi High Courts’ approaches to distinctiveness and registration. The post provides objective insights into the courts’ reasoning and their impact on trademark law in India.

Trademarks in the Courtroom: Noteworthy Decisions from India Part – 6

This post reviews landmark Indian High Court decisions affecting trademark law, especially on issues of distinctiveness and proper examination. The analysis demonstrates how judicial scrutiny strengthens trademark protection and the intellectual property regime in India.

Trademarking the name of God? Huh! – Part 2

This post examines key Indian court decisions on trademarking god’s names, analysing issues of distinctiveness and monopoly. The discussion highlights why courts have restricted exclusive rights over common religious names in trademark law.

Choosing the Right Trademark- How Important is it Anyway?

This post examines why choosing the right trademark is essential under Indian law, focusing on legal distinctiveness and judicial trends. It provides a structured analysis of trademark categories and their implications for brand protection.