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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.

Part III: Descriptive Marks

This post was first published on 8th September, 2014.   In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999,…
July 25, 2019 Intellectual Property, Trademarks 0Comment 605Views 0Like
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This image depicts Goddess Durga's face. This image is relevant for the post as it about trademarking the name of the Gods! Click on the image to read the full post.

Trademarking the Name of God? Huh! – Part 3

This post was first published on 8th September, 2014. In continuation to the previous post, we shall now have a look at other important cases where the issue of whether or not one can monopolize the name of the Creator by trademarking the name of God is discussed. In order to prevent unauthorized use of the picture of diety of Attukal Devi and description of "Sabarimala of Women / Streegalode Shabharimala (in Malayalam)", Attukal Bhagavathy Temple Trust has secured registration for the…
July 25, 2019 Intellectual Property, Trademarks 0Comment 762Views 0Like
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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

An In-Depth Look at the Trademark Registration Process – Part IV

This post was first published on July 10, 2014.   Now that we have had a look at the trademark filing process in the previous post, we will move on to discuss the trademark examination process. The process followed in the trademark registration process may be seen in the flow chart below (please click on image to view clearly): Continue Reading An In-Depth Look at the Trademark Registration Process – Part IV
July 22, 2019 Intellectual Property, Trademarks 0Comment 535Views 0Like
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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.

Grounds for Refusal of Trademark Registration – Part 1

This post was first published on 2nd July, 2014.   A trademark means a mark capable of being represented graphically, capable of distinguishing goods or services of one person from those of others. Hence for a mark to be registered as a trademark under the Trade Marks Act, 1999, it has to satisfy three requirements which include: It should be a mark It should be capable of being represented graphically It should be capable of distinguishing the goods or…
July 22, 2019 Intellectual Property, Trademarks 0Comment 11145Views 0Like
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The image depicts the REGISTERED logo

What NOT to DO While Applying for a Trademark

  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…
July 22, 2019 Intellectual Property, Trademarks 0Comment 430Views 0Like
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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.

Trademark Litigation: ‘Advantage’ of Settlement

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…
July 22, 2019 Intellectual Property, Patents, Trademarks 0Comment 689Views 0Like
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The image reads 'Trademark Registration and Protection' with a heap of Trademark signs in the backdrop. This post talks about the process of trademark registration. Click on the image to read the full post.

An In-Depth Look at the Trademark Registration Process – Part III

This post was first published on July 07, 2014.   In furtherance to the earlier post, related to trademark classification and search, we will now discuss the trademark filing process. The procedure for registration of trademarks is contained in Section 18 to 26 of the Trade Marks Act, 1999 and Rules 25 to 62 of the Trade Marks Rules, 2002. A trademark application should be filed in the office of Trade Marks Registry within whose territorial limits the principal…
July 20, 2019 Trademarks 0Comment 571Views 0Like
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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.

Inebriated @ 8

This post was first published on December 22, 2011. 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…
July 20, 2019 Intellectual Property, Trademarks 0Comment 630Views 0Like
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Weekly Trademark News - BananaIP Counsels

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

  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…
July 17, 2019 Intellectual Property, Trademarks 0Comment 647Views 0Like
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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.

Can Sound Be Registered as a Trademark?

  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…
July 15, 2019 Intellectual Property, Trademarks 0Comment 2040Views 0Like
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