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Trademarks

BananaIP Counsels > Trademarks (Page 27)

Isn’t 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.

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 Office is pending registration. The Plaintiff states that,...

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Pepsodent’s Attaaaack on Colgate Continues

In furtherance to our earlier blog here relating to the advertisement war between Colgate and Pepsodent and comparative advertising, the Delhi High Court recently, on 21st August 2013, denied grant of interim injunction against Hindustan Unilever Limited ('HUL'/Pepsodent) and held that Court was not persuaded at this stage to hold the impugned TV advertisement or the impugned printed advertisement by HUL to be disparaging of or denigrating the product ‘Colgate Dental Cream Strong Teeth’ of Colgate-Palmolive. Colgate-Palmolive (“Colgate”) brought an action against HUL relating to the advertisements published by HUL regarding Colgate’s toothpaste Colgate Dental Cream Strong Teeth (hereafter 'Colgate Strong...

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Comparative Advertising- Pepsodent v. Colgate

There is yet another war between Hindustan Unilever Limited (Pepsodent) and Colgate- Palmolive (Colgate), regarding a comparative advertisement by HUL, which shows two kids brushing their teeth with Pepsodent and Colgate, where both the toothpaste packs are clearly visible. The kids then take a cavity test, and the voiceover follows which says that, Pepsodent Germicheck is 130% better than Colgate, when it comes to germ attack (news available here). Colgate-Palmolive is known to have not taken the conventional route of first filing a complaint with the Advertising Standards Council of India (ASCI) and has instead directly approached the Courts. In India, comparative...

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Madrid Protocol- International Trademark Filing Becomes Easier

India has been officially notified as a member to the Madrid Protocol on 8th July 2013 joining 89 other countries including the USA and European Union. What is Madrid Protocol The Madrid Protocol is an international trademark filing system that provides a cost-effective and efficient way for individuals and entities to secure protection for their marks in multiple countries by filing one application with the Indian Trademark office. At present, there are a total of ninety one Contracting parties that are members of the Protocol. The list of members of the Madrid Protocol may be accessed here. Process of International Registration Under Madrid...

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Trademarks: Can Sound Be Registered as a Trademark?

This image depicts the logo of MGM, the motion pictures producers. The logo consists of a roaring lion. The depiction is accompanied by a majestic roar of the lion. Is this trademarkable? This post deals with the question as to whether sounds can be trademarked. Click on the image to read the full post.

A trademark is a word or symbol which is associated with a product or company. It is one of the important Intellectual properties of any Company. With the diversification of means for branding products, sound marks/sound logos (such as Intel's "Intel inside" musical jingle"; MGM lion's roar) have got prominence and their protection has become an important aspect. No company would desire such a unique identification sound to be moving into public domain. So, various countries like U.S, Germany have started registering such distinctive marks. The decision of the Canadian Federal Court in the case (Metro-Goldwyn-Mayer Lion Corp. v Attorney General...

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What NOT to DO While Applying for a Trademark

The image depicts the REGISTERED logo

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 heard of Google or Mercedes? Adopting a mark...

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Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The image depicts the Madras HC.

Recently Madras High Court has delivered a very interesting judgment on trademark infringement and passing off in the case of Rhizome Distilleries Pvt. Ltd Vs. Union Of India & Others on 16 February, 2012. The suit has been filed by Rhizome Distilleries Pvt. Ltd against four different Respondents. They are- 1. Union of India,  2. Intellectual Property Appellate Board,  3. The Registrar of Trade Marks,  4. Pernod Richard S.A. The petitioner company is a bottling and blending unit, which possesses recognized liquor brands in the market capturing middle and lower segments in the name of  'Rhizome's IMPERIAL GOLD', 'IMPERIAL GOLD WHISKY', 'MARSHALL...

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Should Every Business get a Trademark under 35?

The image depicts the number 35.

Recently, an entrepreneur came to me for advice on obtaining trademark protection. The man said he runs a software development and services company and he found a competitor running a similar business in USA under a trademark that is identical to his. As a prior user, he wanted to protect his trademark but was unsure of what trademark classes he should apply under. I advised him to file applications under Class 9 for software products and Class 42 for software services and also told him he could consider filing applications under Class 16 for stationaries and Class 35 for business services...

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“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

This image depicts tyres. This post is about how the court answered the question s to who owns the goodwill for a trademark-the seller or the manufacturer in a case. Click on the image to read the full post.

A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which was decided by the Delhi High Court. The question of law decided, in this case, is -- between the seller of a product and the manufacturer of the same,...

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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.

  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 Single Judge can be read here). Radico's case revolved...

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