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Trademarks

BananaIP Counsels > Trademarks (Page 12)

Doctrine of Foreign Equivalents – Part 2

The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

This post was first published on 14th October, 2014.   As discussed in our earlier post, the Doctrine of Foreign Equivalents under the Trademarks Law requires the Trademark Office to translate foreign words to English in order to determine whether certain marks qualify for trademark registration or not. In this post, we are looking into whether the Indian Courts consider this doctrine an acceptable principle of the Trademark Law. Indian Courts have not faced the question of applicability of this doctrine in many cases yet. The Bombay High court had discussed the applicability of the doctrine in the 1997 case of Aktiebolaget Volvo of...

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Trademarking the Name of God? – Part 1

The image depicts God. If the post is to be believed, the name of God van be trademarked too! Click on the image to read the full post.

This post was first published on 2nd September, 2014.   If there is one question that can spark a controversy, it must be this - Is it possible to trademark the name of God? Section 9(2) (b) of the Trade Marks Act, 1999, which deals with Absolute grounds for refusal of registration, mandates that a mark shall not be registered as a trademark if it contains any matter likely to hurt religious susceptibilities of any class or section of the citizens of India. When a trademark is granted in the name of God, normal people / devotees will not be allowed to use the name...

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Part III: Descriptive Marks

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was first published on 8th September, 2014.   In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999, talking about the same. As per this provision, signs which consist exclusively of signs or indications which may serve, in trade,...

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Trademarking the Name of God? Huh! – Part 3

This image depicts Goddess Durga's face. This image is relevant for the post as it about trademarking the name of the Gods! Click on the image to read the full post.

This post was first published on 8th September, 2014.   In continuation to the previous post, we shall now have a look at other important cases where the issue of whether or not one can monopolize the name of the Creator by trademarking the name of God is discussed. In order to prevent unauthorized use of the picture of diety of Attukal Devi and description of "Sabarimala of Women / Streegalode Shabharimala (in Malayalam)", Attukal Bhagavathy Temple Trust has secured registration for the image / picture of diety as well as the descripion of Sabarimala of Women through registration by Application Numbers 1420800 and 1420799 (Check...

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

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on July 10, 2014.

 

Now that we have had a look at the trademark filing process in the previous post, we will move on to discuss the trademark examination process.

The process followed in the trademark registration process may be seen in the flow chart below (please click on image to view clearly):

Grounds for Refusal of Trademark Registration – Part 1

This image depicts the 'Trademark' and 'Registered' symbols. This post is a part of a series on what marks are permissible as trademarks. Click on the image to read the full post.

This post was first published on 2nd July, 2014.   A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include: It should be a mark It should be capable of being represented graphically It should be capable of distinguishing the goods or services of one person from those of others Apart from these requirements, a mark should not fall under any grounds for refusal of registration...

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What NOT to DO While Applying for a Trademark

The image depicts the REGISTERED logo

  This post was first published on 22nd June, 2012.   1.    Have a business? Applying for a trademark is a sheer waste of time. You must already be busy with routine chores of the business. Thinking of adopting a mark and going through the entire process of getting it registered is just tiresome and unnecessary. Business will boom if it has to. 2.    If you are thinking of a name for your mark, trying to adopt a descriptive name as your trademark will be a good idea, i.e if you are selling oranges then the trademark you should adopt is ORANGE. 3.    Have you...

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Trademark Litigation: ‘Advantage’ of Settlement

The image depicts Cipla's range of veterinary products marked 'Advantage'. Another company has a similar mark 'Advantix' for the similar products. This post talks about how the trademark issue was settled. Click on the image to read the full post.

This post was originally published on 18th December, 2011. Bayer and Cipla have recently settled trade mark litigation with respect to Advantage and Advantix trade marks.  These trade marks were registered by Bayer at the USPTO and are being used for veterinary products. Cipla has been marketing one of its pet products under the trade mark, DA Double Advantage with the aid of an online supplier called Archipelago. Aggrieved by Cipla's actions, Bayer filed a suit in a US court asking for a  preliminary injunction against use of the trade mark. The parties have now  settled the dispute out of court. As...

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

The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

This post was first published on July 07, 2014.

 

In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process.

The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal place of business of the applicant is situated. In case of applicants who do not have a physical place of their business in India, the application should be filed in the office within whose jurisdiction the applicant’s address of service is located. State-wise jurisdictions for filing a trademark application are mentioned below:

Inebriated @ 8

The image is a bottle of liquor 8 PM. The post is about a Delhi High Court decision about trademark in numbers. Click on image to view post.

This post was first published on December 22, 2011. In a very recent decision of the Delhi High Court in the case of Carlsberg India Pvt. Ltd. v. Radico Khaitan (decided on 20th December, 2011), a division bench revisited the ever debated question of trademark rights in numbers. A quick glance over the facts reveals that Radico has been the registered proprietor of the trademark '8 PM' for whiskey and other liquor. In February, 2011, Carlsberg launched Beer under the mark 'Palone 8' and as a result was sued by Radico (detailed analysis of the facts and earlier order of the...

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