Trademark Registration | Intellepedia

Trademark Registration in India

The Trademark process outlines in this post has changed owing to changes in law. It may be noted that the post provides details of the trademark registration process as it existed 10 years back, and maybe useful for research/educational purposes.Registration of a trademark is not compulsory. However, registered trademarks have additional benefits when compared to unregistered trademarks. Read more

Trademark Rules 2017

The Trademark Rules, 2017 have come into force from today, 6th March, 2017. The new Rules published by the Department of Industrial Promotion and Policy(DIPP)...

‘How to’ of IP Commercialization – I

We all know that Intellectual property is intangible in nature. Why then do so many people value Intellectual Property? especially business oriented companies and individuals....

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.