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…
trademark law
131 articles
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…
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,…
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…
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…
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…
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…
Trademarking the Name of God? Huh! – Part 3
This post analyses Indian legal cases on trademarking the name of God, particularly focusing on Attukal Bhagavathy Temple's trademark registrations. It examines ongoing legal debates about the commercial…
Inebriated @ 8
This post discusses the Delhi High Court's analysis of trademark rights in numerals in the liquor industry, focusing on the Carlsberg India v. Radico Khaitan case. The judgment…
Can Sound Be Registered as a Trademark?
This post explores the legal recognition and registration of sound trademarks, using the example of MGM’s lion roar in Canada. It presents an objective analysis of the requirements…