Trademark Registration | Intellepedia

Domain Names, Email or Private Communication as Proof of Trademark Use

This post discusses whether domain names, emails, or private communication can constitute valid proof of trademark use. It reviews relevant legal guidelines and highlights exceptions where such evidence might be accepted.

Evidence Required to Determine Well Knownness of a Trademark – Part III

This post discusses the types of evidence required to establish a trademark as well known in India. It analyses the value of registration certificates, sales turnover, invoices, and advertising material, explaining the legal standards for each. The post also highlights best practices for documentary proof in trademark proceedings.

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 in multiple jurisdictions.

An In-Depth look at the Trademark Registration Process- Part 1

This post examines the legal definition and registration process for trademarks in India under the Trade Marks Act, 1999. It outlines the acquisition and protection of trademark rights, providing a structured introduction to the statutory and procedural framework.

Doctrine of Foreign Equivalents – Part 2

This post explores how Indian courts interpret the Doctrine of Foreign Equivalents in trademark registration. Focusing on a Bombay High Court case, it highlights the legal reasoning and practical implications for marks using foreign words.

Part III: Descriptive Marks

This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison with Indian and EU trademark law and sets the stage for the concluding discussion on Indian law.

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 use of religious symbols and unresolved issues in Indian trademark law.

An In-Depth Look at the Trademark Registration Process – Part IV

This post analyses the trademark examination stage in the Indian registration process, highlighting statutory requirements and responses to objections. It outlines the transition to advertisement in the Trademark Journal, maintaining a clear and factual legal perspective.

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.

What NOT to DO While Applying for a Trademark

Many businesses make critical mistakes while applying for trademarks in India, including neglecting due diligence and ignoring official objections. This post details what to avoid during the trademark registration process for effective legal protection.