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Trademarks

BananaIP Counsels > Trademarks (Page 3)

Trademark Registrations Granted Go Down by 28 Percent this Week

he featured image is of TM which is the abbreviation for Trademark. the post is aboutthe new trademark rules, 2017. To read more click here.

These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. 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 decreased by thirty eight percent (38%). Similarly, the total registrations granted has decreased by twenty eight percent (28%). However, there has been an increase of seventeen percent (17%) in the applications published in the trademark journal. Weekly Indian Trademark Statistics Particulars Last Week This Week Change in % Total Trademark Applications Examined by Trademark Office 8604 6917 A decrease of 19% Total Applications Disposed through Show Cause...

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Weekly Trademark News Bulletin: Suzuki Declared as a Well-Known Trademark, The Dindigul Lock Gets GI Tag, Cornetto Defends its Little Horn and Other News

Weekly Trademark News

Indian Trademark Statistics for September (First Week), Ariana Grande Sues Forever 21 for 10 Million, Salman Khan to Launch Gym Franchise and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “Brand is the promise, the big idea, the expectations that reside in each customer's mind about a product, service or company. Branding is about making an emotional connection” -Alina Wheeler INDIAN TRADEMARK UPDATES Cornetto Defends its Little Horn Unilever PLC, filed a trademark infringement case against Royal Ice Cream for manufacturing, marketing and selling “KORNETTO” brand ice-creams which is deceptively similar to Unilever’s well-known CORNETTO ice-cream....

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Trademark News Bulletin: Indian Trademark Statistics

The featured image shows a black school board on which the following words appear to be written by chalk. The words read "Trademark news : Weekly updates". To get your weekly updates and news on IP, click here.

These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a slow week. The total number of applications published in the trademark journal have increased by sixty one percent (61%). However, there has been a decrease of fifty one percent (51%) in the total hearing notices issued, and also a decrease of twenty two percent (22%) in the total applications disposed through show cause hearings. Weekly Indian Trademark Statistics Particulars Last Week This Week Change in % Total Trademark Applications Examined by Trademark Office 12424 8604 A decrease of 31% Total Applications Disposed through Show Cause...

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Understanding Trademark Registration Procedures in the Maldives

This image reads Trademark. This post is about interesting development in Trademark law. Click on the image to read the full post.

This post was first published on October 15, 2014.

 

The Intellectual Property Regime in the Republic of Maldives, the smallest Asian country in population and in area, is an interesting study. In order to comply with the TRIPS Agreement, the Maldives Government (referred to as GOM) enacted the Copyright Law in April, 2011, and thereafter spread public awareness of Copyright Law through TV and radio programs, Government announcements, school events and meetings with relevant media and entertainment sector associations.

It is important to note that GOM does not have any specific legal infrastructure to protect Trademarks. However, GOM is currently working on bills regarding Trademarks and Geographical Indication, with the assistance of WIPO. GOM recently established an IPR unit within the Ministry of Economic Development, but has not yet signed international agreements or conventions on Intellectual Property Rights.

Weekly Trademark News Bulletin: Titan Wins Counterfeit Battle, 5 Mizo Shawls Gets GI Tag, PUMA Sprints for Dutee Chand and Other News

Weekly Trademark News

Trademark News Headlines: Haldiram’s Acquires 100 Crore Franchise, Tom Brady’s Trademark Denied Registration, Miniso Enters Marvel Galaxy, 5 Mizo Shawls Gets GI Tag and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. INDIAN TRADEMARK UPDATES TITAN Wins Counterfeit Battle Titan Company Limited filed a trademark infringement suit against counterfeit sellers, and Snapdeal, an online e-commerce player, alleging the sale of counterfeit/infringing Fastrack branded watches on their website. It is also alleged that Snapdeal did not take down various listings despite being notified by Titan. The Delhi High Court passed an ex-parte ad-interim injunction restraining the sellers from marketing, selling...

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Trademark News Bulletin: Indian Trademark Statistics

The featured image shows a black school board on which the following words appear to be written by chalk. The words read "Trademark news : Weekly updates". To get your weekly updates and news on IP, click here.

These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS The Indian Trademark Office has had a mixed week. The total number of applications published in the trademark journal have decreased by forty one percent (41%). However, there has been an increase of forty one percent (41%) in the total applications published in the trademark journal, and also an increase of only ninety percent (90%) in the total applications disposed through show cause hearings. Weekly Indian Trademark Statistics Particulars Last Week This Week Change in % Total Trademark Applications Examined by Trademark Office 8444 12424 An increase of 47% Total Applications Disposed...

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Part IV: Descriptive Marks – Can They be Protected?

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 October 16, 2014.

 

In the final part of this series, we shall conclude the discussion on descriptive marks with an examination of the Indian position on the protection of these marks. Section 9 of the Trademark Act, 1999 which lays down absolute grounds for refusal of registration of trademarks, clearly states that trademarks which consist exclusively of marks or indications, which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or service shall not be registered. This provision applies to marks that are both descriptive and non-distinctive in relation to the goods or services for which protection is sought. While analyzing a mark, one has to look at the word, not in its strict grammatical significance, but as it would represent itself to the public at large who are to look at it and form an opinion of what it connotes, as observed in Keystone Knitting Mills Ltd.’s TM [(1928) 45 RPC 193].

Vistara Airlines Wins a Counterfeit Battle, Tirur Betel Leaf Gets GI Tag and Other News

Weekly Trademark News

Indian Trademark Statistics for August (Second Week), Guns N’ Roses Settlement, Superdry Plans Expansion in India, Sonata’s Range of Mission Mangal Watches Hit the Market, Oracle’s Trademark Battle, and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “A brand is the set of expectations, memories, stories and relationships that, taken together, account for a consumer's decision to choose one product or service over another.” – Seth Godin INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a slow week. The total number of applications published in the trademark journal have decreased by eighteen...

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Trademarking the name of God? Huh! – Part 2

This image depicts a statue of Lord Shiva. It is relevant to the post, as the post talks about the possibility of trademarking the name of God! Click on the image to read the full post.

This post was published on September 04, 2014.

 

In this continuation post on legal aspects of trademarking god’s name, we shall look into a few cases where Courts have discussed whether or not one can trademark God’s name and therefore have monopoly in using God’s name as an Intellectual Property.

Usually, for a trademark used for a particular brand of goods or services, to be granted, it has to acquire secondary distinctiveness in its respective consumer market, and thus, one can start using the trademark on a date before he applies for its trademark. The trademark may get registered, depending on other legal factors as well as on the fact that it has acquired distinctiveness due to the long use in its respective consumer market.

Part I: Descriptive Marks – Can They be Protected?

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 published on September 01, 2014.

 

In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section 9 and 11 of the Trade Marks Act, 1999.

In this category, are Descriptive Marks. One can ask a lot of questions about Descriptive Marks, some of which have easy answers.

What are Descriptive Marks? As per the provision, descriptive marks are those which consist exclusively of marks or indications which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin or the time of production of the goods or rendering of the service or other characteristics of the goods or services. Such marks can include words like ‘best’ describing quality of a product, ‘mega’ describing the size etc.

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