trademark law | Intellepedia

Decrease of 53% in Disposal of Trademark Hearings this Week, 407 More Applications Published in the Trademark Journal this Week and more

The latest Indian trademark statistics show a notable decrease in show cause hearing disposals and hearing notices, while registrations and publications have increased. This report provides a structured analysis of weekly and yearly trademark trends compiled from the official journal.

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.

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.

Grounds for Refusal of Trademark Registration – Part III

Section 9(3) sets out absolute grounds for refusal of trademark registration concerning the shape of goods in India. This post analyses the legal barriers to registering shapes as trademarks, ensuring clarity on what is excluded and why.

Why Don’t You Want to be an IP Attorney? – Five Reasons

The post examines five reasons that may deter individuals from becoming IP attorneys in India, including challenging deadlines, client expectations, and slow enforcement. It offers an analytical perspective on the realities of the IP profession and its current social perception.

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.

Personality Rights in India – Part II

This post examines personality rights in India, particularly the protection of publicity rights and relevant legal provisions. It highlights key judicial decisions and discusses the exceptions for legitimate public interest and freedom of expression.

Too much Success is Not Always Good: A Look at Genericization of Trademarks

The article explores how excessive success of a trademark can lead to its genericization, undermining its legal protection. It analyses Indian and international legal frameworks and provides notable examples to illustrate the risks for brand owners.

Madrid Protocol- International Trademark Filing Becomes Easier

India’s membership in the Madrid Protocol simplifies and reduces the cost of international trademark filings. The Protocol provides Indian applicants with a unified process to secure trademark protection in multiple jurisdictions.

Trademarking the Name of God? – Part 1

This post explores the legal issues around trademarking the name of God in India. It analyses the Trade Marks Act, 1999 and discusses the implications for religious symbols and public domain names.