Well Known trademarks | Intellepedia

Is There a Trademark in a Name?

This post explores whether a name can serve as a trademark in India, focusing on legal battles involving educational institutions. Analysing the VIT case, it discusses trademark infringement, passing off, and the significance of well known marks in Indian law.

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.

Case Review: Hypnos Ltd. v. PEPS Industries Pvt. Ltd. & Ors

The IPAB’s decision in Hypnos Ltd. v. PEPS Industries addresses the requirements for proving trans-border reputation and well-known status in Indian trademark disputes. The Board’s approach highlights the importance of local use and robust evidence in rectification proceedings.

Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

The post analyses the legal benchmarks for establishing a trademark as well known, emphasizing the necessity of recognition among a substantial segment of relevant consumers. It discusses case law and evidentiary standards required to demonstrate such reputation in Indian trademark law.