Trademark Registration | Intellepedia

‘Parliament’ Isn’t Just for Politicians

Illustration of the Indian Parliament building with the national flag atop, captured during golden hour. A 'TRADEMARK' stamp is superimposed on the right side of the image, symbolising legal or intellectual property context.

The Delhi High Court has clarified that the use of “Parliament” as a trademark does not violate the Emblems and Names Act if used as a common noun. This ruling enables businesses to use such terms in branding, as long as they don’t imply a direct association with governmental institutions.

Numerical Trademarks and Their Registrability: A Review of the 2929 Case

A stylized illustration of a black steam locomotive pulling four red cargo wagons. Each wagon is labeled with a large white number: 555, 501, 91, and 2929, respectively, from front to back. The train and its wagons symbolize the addition of "2929" numerical trademark to the existing numerical trademarks registered with the Trademark office.

The Delhi High Court has recently allowed the registration of the numerical mark ‘2929’ for cosmetic products. The Court stated that numerals can function as any other trademarks if they are distinctive. In the case, the Court overturned the decision of the Registrar of Trademarks that rejected the 2929 mark on the ground that numeral marks are not distinctive and therefore, cannot be registered.

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

The Madras High Court rejected Monster Energy’s trademark application, finding “Energy for the Journey” was generic and lacked distinctiveness. The decision clarifies the legal threshold for trademark registrability under Indian law.

The words ‘KONDRU’ and ‘LOBAN’ are Publici Juris, says the Delhi High Court

The Delhi High Court ruled that common words like “KONDRU” and “LOBAN” in the context of ayurvedic products cannot be exclusively trademarked. This decision highlights the importance of distinctiveness in trademark registration.

Trademark refusal without notice and ‘40’ suffix similarity

Two recent Delhi High Court rulings clarify the consequences of unserved opposition notices and the assessment of trademark similarity based on numeric suffixes. The post analyses both decisions and discusses the procedural challenges in Indian trademark law.

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...

Provisional Patent Application Vs. Complete Patent Application

Whether you’re a first time inventor or have filed patents before, the patent process can feel overwhelming. There are many details to keep track of, including which type of patent application you should file and what information it needs to contain. Read more

5 Reasons to Protect Your Trademark

A trademark is your brand’s first line of defense. Without the legal protections of a registered trademark, your competitors could use your business name and logo to sell their own products. This is why registering your company’s trademarks is so important. Trademarks help you protect your brand, driving customers back to you instead of someone else. Trademarks can be tricky to understand, especially for new business owners. Here are five reasons why you should protect your trademark as soon as possible:

What happens if I don’t use my Trademark?

This article examines the consequences of not using a registered trademark in India, with reference to statutory provisions and judicial decisions. It details grounds for cancellation, exceptions, and the legal meaning of ‘use’ under the Trade Marks Act, 1999.

Weekly Trademark Office Statistics – February, 2022 – Part I

This post analyses the weekly trademark office statistics in India as of 9th February 2022, compiled by BananaIP Counsels. It offers detailed figures on application examination, publications, and registrations, providing valuable insights for intellectual property stakeholders.