Trademark Law India | 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.

Pepsodent’s Attaaaack on Colgate Continues

The Delhi High Court declined Colgate’s request for an interim injunction against Pepsodent’s comparative advertisements. The Court analysed trademark, advertising, and competition law, clarifying the legal boundaries of comparative advertising in India.

Trademark Registration process – Part II

This post examines the importance of trademark search and classification in the Indian registration process. It discusses how the Nice Classification is used and highlights the legal considerations before filing a trademark application.

Trans-border Reputation of Well Known Marks – Part IV

The post provides an analytical overview of transborder reputation for trademarks in India, discussing legal requirements and court approaches. It highlights the evidentiary standards foreign entities must meet to establish reputation and enforce rights against Indian businesses.

An In-Depth Look at the Trademark Registration Process – Part IV

This post analyses the trademark examination stage in the Indian registration process, highlighting statutory requirements and responses to objections. It outlines the transition to advertisement in the Trademark Journal, maintaining a clear and factual legal perspective.

Trademark Violations in Comparative Advertising

This post explores the legal aspects of trademark violations in comparative advertising in India. It discusses statutory boundaries, the importance of honest practices, and the risks of defamation or infringement.

Overlapping IP Protection: Call for Caution

Overlapping IP protection has become common, leading to both expanded rights for owners and reduced benefits for the public. This post analyses the Indian legal framework and calls for legislative caution regarding overlaps in copyright, trademark, and industrial design protection.

Autodesk, Inc. & Another v. Mr. Prashant Deshmukh & Others

The case examines legal consequences of software copyright and trademark infringement in India, focusing on Autodesk and Microsoft’s claims against M & S Consultancy. The court’s decision reinforces the importance of enforcing intellectual property rights and awarding punitive damages to deter piracy.

Trademark Registration: Prima Facie Evidence of Validity?

The Delhi High Court has held that trademark registration does not automatically serve as prima facie evidence of validity. This decision, particularly impacting descriptive marks, invites scrutiny of Section 31 of the Trademarks Act 1999 and its practical effects.

Could Exclusivity be Claimed Over the Word IMPERIAL for Alcohol?

The High Court of Delhi examined whether exclusivity can be claimed over the term IMPERIAL for alcoholic beverages. The judgment clarified that IMPERIAL is a descriptive and laudatory term, preventing proprietary rights for its use in alcohol trademarks.