Trademarks

Image for Latest Trademark Cases in 2022 - Part 3

Latest Trademark Cases in 2022 – Part 3

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: L’oreal v. Haridas PA & Ors. This was a suit for permanent injunction for restraining the Defendants and its agents from infringing Plaintiff’s well-known trademarks "L'OREAL, L'OREAL PROFESSIONNEL, L'OREAL PARIS" by violating its proprietary rights in its tradename and infringing its copyrights in its label and artistic works. The Court noted that the Plaintiff had the exclusive right to use the trademarks and…

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image of Latest Trademark Cases in 2022 - Part 2

Latest Trademark Cases in 2022 – Part 2

This running post provides a summary of the latest Trademark cases decided by courts in India in 2022: M/S. Apex Laboratories Pvt. Ltd Vs. Axis Life Sciences The Plaintiff, Apex Laboratories, used the trademark “ZINCOVIT” since the year 1990 and established great reputation and good will in the market. The Plaintiff adopted a distinct and a unique seven strip colour packaging from the year 2014 for their product, a multi-vitamin supplement for adults and children to boost their immunity. The Defendant,…

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INDIAN INTELLECTUAL PROPERTY STATISTICS REPORT, 2021

Launch of Indian IP Statistics Report, 2021

 BananaIP is happy to launch the IP statistics report for the year 2021. This report covers  Patent, Trademark, Design, Copyright and Geographical Indication (GI) statistics based on information available on the website of the Indian IP Office. Wherever relevant, a comparative review with previous years has been presented in the report. You may download a copy of the report here. [Download PowerPoint Version] [Download PDF Version] Findings and Conclusions At a general level, intellectual property activity before the IP Office…

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Mechanism of Hearings before Trademark Office to Change

Mechanism of Hearings before Trademark Office to Change

Pawandeep Singh vs The Registrar Of Trademarks & Anr. Background This case deals with a problem often faced by trademark attorneys during hearings. Several attorneys are given slots during a fixed time, and they are heard one after another. Sometimes examiners are unable to complete all hearings during the allotted time, and hearings are adjourned. In the present case, an order was passed with respect to a trademark application relating to the mark. SWISS, without hearing the Trademark Agent. Two hearing…

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Image featuring case brief KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

CASE BRIEF: KHADI & VILLAGE INDUSTRIES COMMISSION VS. RAMAN GUPTA AND ORS.

Decided by the High Court of Delhi on 4th March, 2022.   FACTS The Plaintiff, Khadi and Village Industries Commission, established in the year 1956 was a registered proprietor of various words marks and device marks. Its products bore the mark “KHADI” in both English and Hindi as well as in artistic and logo form along with the Charkha Logos. The Plaintiff not only dealt with the products of Khadi but also with various medicinal products and were regulated and promoted by…

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Image accompanying blogpost on "Indian IP Office issues Accessibility Guidelines for Persons with Disabilities"

Indian IP Office issues Accessibility Guidelines for Persons with Disabilities

On 4th March, 2022 the Office of Controller General of Patents, Designs & Trademarks (O/o CGPDTM) issued Guidelines for Accessibility and Reasonable Accommodations for Persons with Disabilities to facilitate accessibility and reasonable accommodations for Persons with Disabilities practicing and interacting with IP Offices under O/o CGPDTM with an endeavor to take all possible steps to make its website, facilities, documents, services, systems and processes accessible to every person. The O/o CGPDTM has appointed a nodal officer (disability) to address needs of…

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What happens if I don’t use my Trademark?

What happens if I don’t use my Trademark?

As per the Trade Marks Act, 1999, trademarks may be words, names, symbols, devices (logos), designs or any other distinctive sign or mark which helps the consumers distinguish one’s goods or services from those of others. Trademarks act as source identifiers of goods or services of a single entity and work as an advertising tool for that entity, enabling the consumers to identify the product because of its goodwill and consistent quality. Once a mark is registered, the owner of…

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Weekly Trademark Statistics - February, 2022 - Part I

Weekly Trademark Office Statistics – February, 2022 – Part I

This weekly Trademark Office data has been compiled from dynamic data published by the Trademark Office as updated till 9th February, 2022. These statistics are presented to you by the Trademark and Copyright team of BananaIP Counsels, India’s leading Intellectual Property Firm. Indian Trademark Statistics An increase of seven percent (4%) in the total number of trademark applications examined by the Trademark Office this week. A total of six thousand and seventeen (6017) applications were examined. These statistics have been compiled…

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Image accompanying blogpost on "Recap 2021: IP Updates - Part 2"

Recap 2021: IP Updates – Part 2

In this post we revisit the IP Updates ie., any amendments, ordinances, notifications, and other information related to IP published in the year 2021. For reader's convenience it has been divided into parts, please find the link to the previous and next parts towards the end of this post. COPYRIGHT, INFORMATION TECHNOLOGY AND ECOMMERCE GOVT. NOTIFICATIONS-2021 The Ministry of Commerce and Industry has issued a notification, through the Department for Promotion of Industry and Internal Trade (DPIIT), introducing the Copyright (Amendment) Rules,…

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Image accompanying blogpost on "CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors."

CASE BRIEF: Renaissance Hotel Holdings Inc. vs B. Vijay Sai and Ors.

Decided by Supreme Court of India on 19th January 2022 (Reportable) Facts The Appellant, proprietor and holder of the trademark ‘RENAISSANCE’, had filed a suit against the Respondents for a permanent injunction against the use of the allegedly infringing trademark ‘SAI RENAISSANCE’, as well as any other mark identical to the Respondents’ mark, ‘RENAISSANCE’. The Appellant discovered two hotels being run by the Respondents, in Bangalore and Puttaparthi, and noted that it copied the style, signage, and the word ‘RENAISSANCE’. The Respondents’…

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