Trademark Registration | Intellepedia

Draft Trademark (Amendment) Rules, 2015: Yay or Nay?

The Draft Trademark (Amendment) Rules, 2015 propose major changes to Indian trademark law, including increased filing fees and fewer application forms. While the streamlined process is welcome, expanded discretionary powers for the Registrar may lead to concerns regarding well-known trademark recognition.

Importance of IP for Start-ups and Entrepreneurs (Part II): Trademarks

This article discusses essential steps for startups in India to secure trademark protection, including name selection, registration, and risk clearance. It provides a structured legal overview to help entrepreneurs avoid common pitfalls in trademark management.

Intellectual Property (IP) in India: A Decade of Progress Part 1

This post examines a decade of trademark statistics in India, revealing significant growth in applications and registrations. It provides an analytical overview of global and national trends impacting intellectual property protection in India.

Phonetic Justice for Trademark

The article discusses the legal importance of phonetic similarity in trademark disputes, focusing on decisions from both the European Union and Indian courts. It examines statutory provisions and recent case law to illustrate how phonetic resemblance can result in trademark registration being denied to prevent consumer confusion.

Understanding the Doctrine of Foreign Equivalents – Part 1

This post examines the doctrine of foreign equivalents in trademark law, focusing on its use in assessing confusion and descriptiveness of foreign word marks. The analysis covers legal standards, key cases, and the doctrine’s practical limitations.

Grounds for Refusal of Trademark Registration – Part II

This post discusses Section 9(2) of the Trade Marks Act, 1999, examining key grounds for refusing trademark registration in India. It covers deception, religious susceptibilities, obscenity, and legal prohibitions in trademark law.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

This post discusses the key statutory and judicial factors for determining the well knownness of a trademark under the Trade Marks Act, 1999. It highlights the legal criteria and relevant case law, emphasising the need for jurisdiction-specific evidence.