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Trademarks

BananaIP Counsels > Trademarks (Page 2)

Grounds for Refusal of Trademark Registration – Part III

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 July, 2014.   In today’s post, we’ll be talking about Section 9(3), thereby concluding one half of the series, i.e., absolute grounds for refusal of registration of trademarks. Section 9(3) talks about the registrability of the shape of goods. As per the provision, a mark shall not be registered as a trademark if it consists exclusively of: Shape of goods which results from the nature of the goods themselves; Shape of goods necessary to obtain a technical result; or Shape which gives substantial value to the goods. The primary object of this provision is to ensure that...

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Case Study – Trademark for Film Titles

The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film a suitable title. Titles act as the unique identifier representing their work. So, can titles be protected, and if yes, how...

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Trademark Registration process – Part II

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 7th July, 2014.   In continuation to my previous post, this post is with regard to trademark search and classification of different classes. A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold: To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular trademark. The presence of a higher number of potentially conflicting marks indicates that there is a higher chance of receiving objections for...

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Trans-border Reputation of Well Known Marks – Part IV

This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

This post was first published on 7th July, 2014.   Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark must be well known in at least one other country, but preferably several other countries. In addition to this, a substantial...

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MUCOSOLVIN confusingly similar to MUCOSOLVAN

The image depicts the logo of Mucosolvan. This post describes a recent win for its trademark in a legal tussle. Click on the image to read the full post.

This post was first published on 5th January, 2014.   The Hon’ble Delhi High Court delivered another thought-provoking judgment on the 16th of December, 2013 related to the pharmaceutical industry. The plaintiff in the present case is Boehringer Ingelheim Pharma Gmbh & Co., a German company with its principal place of business in Germany, whereas the Defendant is IPCA Laboratories Ltd., with its principal place of business in Mumbai. The Plaintiff has been using the trademark MUCOSOLVAN since 1979 in 56 countries including India for pharmaceutical preparations used mainly for the treatment of productive cough. The trademark application filed by the Plaintiff before the Indian Trademark...

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Kylie Jenner File Trademark for Nail Products, Yoohoo Animated Series in Russia, Marayur Jaggery Receives GI Tag and Other News

Weekly Trademark News

Indian Trademark Statistics for July (Forth Week), Prasar Bharti stopped from Using “Dish” for its DTH Services, Financial Advisor Enforces Rights to “Financial Quarterback” Mark, McDonald’s Outlets Reopened in Kolkata by McDonald’s, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels   TRADEMARK QUOTE OF THE WEEK A product can be quickly outdated, but a successful brand is timeless- Stephen King   INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had an increase in its work pace. The total number of applications disposed through show cause hearings has increased by thirty five percent (35%). Similarly, the total applications published in...

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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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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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