The latest trademark law updates feature notable cases on colour ownership, brand licensing, and geographical indications. Insights include the magenta trademark dispute, Bentley Clothing’s legal victory, and developments in Indian franchising and GI registration.
Read more about Can You Own a Colour? T-Mobile/Deutsche Telekom Certainly Thinks So, Bentley Disrobed by Bentley Clothing, Medi-cured via Compromise, The Harry Potter Accessories Juggernaut, and moreTag: trademark law
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.
Read more about Decrease of 53% in Disposal of Trademark Hearings this Week, 407 More Applications Published in the Trademark Journal this Week and moreTrademarking 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.
Read more about Trademarking the name of God? Huh! – Part 2Part 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.
Read more about Part II: Descriptive Marks – Can They be Protected?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.
Read more about Grounds for Refusal of Trademark Registration – Part IIIWhy 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.
Read more about Why Don’t You Want to be an IP Attorney? – Five ReasonsFlavour 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.
Read more about Flavour Marks – Can They Become a Reality?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.
Read more about Personality Rights in India – Part IIToo 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.
Read more about Too much Success is Not Always Good: A Look at Genericization of TrademarksMadrid 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.
Read more about Madrid Protocol- International Trademark Filing Becomes Easier