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…
This post was first published on 10th June, 2014.
Trademarks are vital for the commercialization and growth of an industry. It is a valuable asset for a business entity as it acts as a link between the goods and the producer. It is through trademarks that consumers identify a particular product, as a result of which, it can be rightly said that the reputation of a company is built on trademarks.
As a brand gains popularity, it is subject to various…
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…
This post was first published on 11th August, 2013.
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…
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.…
This post was first published on 2nd July, 2014.
A trademark is a sign that is used to identify goods and services as those produced or provided by a specific person or enterprise. It helps in distinguishing those goods and services from similar ones provided by another. For example, ‘Apple’ is the trademark that identifies goods and services manufactured and distributed by Apple Inc.
The object of trademark law is to deal with the precise nature of rights, which a person…
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…
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.…