Trademark refusal | Intellepedia

Monster Energy falls short of “Energy for the ‘Trademark’ Journey”

The Madras High Court dismissed Monster Energy’s appeal against the refusal to register “Energy for the Journey” as a trademark, citing lack of distinctiveness. The Court upheld that generic or descriptive marks cannot be monopolized without evidence of secondary significance, allowing the appellant to reapply upon establishing distinctiveness through prolonged use.

“Be mindful when exercising quasi judicial power, cryptic orders unacceptable” says Bombay High Court

The Bombay High Court orders a fresh review of Seiwa Kasei’s ‘PHYTOCUTICLE’ trademark application, challenging the Registrar’s refusal for lack of distinctiveness.

Another Dis’connected’ order by the registry, set aside by the Court

The Calcutta High Court has set aside a refusal order by a Senior Examiner of Trademarks against the registration of the trademark ‘ELECTRONICA.’ The Court directed a new hearing and a reasoned order, highlighting procedural fairness in trademark registration processes.

Trademarks in the Courtroom: Noteworthy Decisions from India Part – 4

Our exploration continues in Trademarks in the Courtroom: Noteworthy Decisions from India Part - 4, focusing on Indian trademark case highlights. This segment reviews crucial...

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.

Grounds for Refusal of Trademark Registration – Part 1

This post explores the absolute grounds for refusal of trademark registration in India, focusing on Section 9 of the Trade Marks Act, 1999. It discusses distinctiveness requirements and the circumstances under which descriptive or customary marks may be registered.