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Trademarks

BananaIP Counsels > Trademarks (Page 3)

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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Amazon in Trouble Over Prime, KFC to Franchise 61 More Outlets, Indori Poha Likely to Join GI Race and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for July (Third Week), 5 Crore Penalty for a Trademark Infringement, Ryanair Sued Over Trademark Infringement, TeeStory Launches Official Disney Merchandise, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “An image is not simply a trademark, a design, a slogan or an easily remembered picture. It is a studiously crafted personality profile of an individual, institution, corporation, product or service”- Daniel J. Boorstin INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a decrease in its work pace. The total number of applications disposed through show cause hearings has...

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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.

  This post was first published on 15th October, 2012.   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...

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Should Every Business get a Trademark under 35?

The image depicts the number 35.

This post was first published on 12th March, 2012.   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...

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Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, New US Trademark Rules for Foreign Applicants, Kingfisher Resurfaces in New Zealand and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for July (Second Week), Uttarakhand Thulma Filed for GI, New US Trademark Rules for Foreign Applicants, Shemaroo Collaborates With Macmerise, Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Every Trade Mark you Build adds to the financial value of your business, much more than your tangible assets” - Dr, Kalyan C. Kankanala. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a tremendous increase in its work pace. The total number of applications disposed through show cause hearings has increased by...

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Comparative Advertising: Pepsodent v. Colgate

This image depicts a toothpaste tube shaped like a banana. It raises the question of such possibility. This post explores how traditional knowledge is used and misused by patents. Click on the image to read the full post.

This post was first published on August 21, 2013 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...

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Swarovski’s Shining Trademark Win, Walmart Accused for Trademark Infringement, DPIIT Issues GI Logo, Tagline Usage Guidelines and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for July (First Week), Cardi B’s Trademark Denied Registration, Teletubbies Arrive on ASOS, Hershey’s and Emoji Secure a Sweet Deal, Swarovski’s Shining Trademark Win, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "Unlike other forms of IP, trademarks are there to stay, to stay and provide business/competitive value as long as your business lasts." – Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have had a mixed pace. The total number of applications disposed through show cause hearings has increased by four percent (4%). Similarly, the...

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Roaring Win for FUCT: US Supreme Court Strikes Down USPTO’s Ban, Dream Theatre Associates with Ninja Hattori, Kolhapuri Chappals Gets GI Tag and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for June (Fourth Week), Barco’s-Grey’s Anatomy Licensing Agreement Renewal, PolicyBazaar Pays Hefty Fine of 10 Lakhs, Dream Theatre Associates with Ninja Hattori and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "What is immoral and scandalous? Certainly not personal feelings of the trademark examiner. There is a lot to learn from the US Supreme Court's Judgment in the FUCT case on immoral and scandalous marks." - Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has picked up its pace. The total number of applications disposed...

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Reliance Jio’s Trademark Win, Sachin Scores; Sues Australian Bat Maker for Dues, International Licensing Awards 2019, Karnataka Proposes Geographical Indication Policy and Other News

Weekly Trademark News - BananaIP Counsels

Indian Trademark Statistics for June (Third Week), American Singer Files Trademark for “100% THAT BITCH”, Karnataka Proposes Geographical Indication Policy, Reliance Jio Wins  Trademark Infringement and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "Registered Trade Marks over celebrity names are much easier to enforce than Celebrity Rights, and so is the case with catch phrases in songs, which have weak copyright protection.” - Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has picked up its pace. The total number of applications examined by trademark office has increased...

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