Indian Trademark Statistics for July (Fourth Week), Odisha Rasagola Gets GI Tag, Kanye West Trademarks Sunday Service, New York Fries to be opened in India 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“A product can be quickly outdated, but a successful brand is timeless" - Stephen King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 a slow work pace. The total number of applications disposed through show cause…
First Publication Date: 18th September, 2009.
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…
This post was first published on June 30th, 2014.
Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the…
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…
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…
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…
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…
This post was first published on 26th November, 2014.
Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan.
Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel's Donne Biryani or CTR's Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an…
This post was first published on 7th July, 2014.
In this post, we will look into whether the mere use of trademark as part of a domain name or as an email id or even as private communication between parties can stand as proof of use of a trademark.
Documentary proof is generally submitted to show that an Applicant has been continuously using an impugned mark. It is an effort for Applicants to show trademark examiners how they use the trademark…
This post was first published on 3rd July, 2014.
As discussed in my previous post, the claimant of well knownness of a trademark is required to prove the popularity of the mark among relevant public by submitting cogent, clear and convincing documentary proof. In this post, we will be discussing the list of documents that the courts or the Trademark Office considers as valid proof for determining the well knownness of a trademark.
Although a hard and fast rule cannot be…