Trademarks

Weekly IP Warm-UP!

GOOGLE V. SPAIN – SPANISH PUBLISHERS SUFFER AS GOOGLE NEWS CLOSES OPERATIONS A new Copyright law which has made it mandatory for Google, Yahoo and other news aggregators to pay licensing fee to all news publishers for using their stories or snippets in Google News, results in Google cutting its operations in Spain. However, the regulation allowed publishers to opt in to Google’s index, and prevent Google from paying licensing fee. COPYRIGHT REGULATION TO ALLOW PRIVATE COPYING; TO FACE IRE…

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The image reads Trademark. The post is about the Trademark Agent Exam which will be conducted soo. Click on the image to read the full post.

Understanding the Doctrine of Foreign Equivalents – Part 1

This post was first published on 10th October, 2014.   The Doctrine of Foreign Equivalents is a rule used in the Trademark Law which states that a foreign word and its equivalent English translation may be deemed confusingly similar. Under this doctrine, marks consisting of or including foreign words or terms from common, modern languages are translated into English to determine the extent to which it is generic, descriptive, the likelihood of confusion it may cause among other similar issues. The Trademark Manual of…

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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 II

In the previous blog post, we discussed Section 9(1) which laid down a few absolute grounds for refusal of registration of trademarks. Today, we’ll explain in detail, Section 9(2) which states: "A mark shall not be registered as a trademark if: It is of such nature as to deceive the public or cause confusion; It contains or comprises any matter likely to hurt the religious susceptibilities of any class or section of the citizens…

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This image depicts several well known brand logos such as McDonald's and Coca-Cola. This post is about the transborder reputation of well known marks. Click on the image to read the full post.

Well Knownness of a Trademark – Part II – Popularity among Substantial Segment of Public

As discussed in our previous post, for determining the well knownness of a trademark, the claimant of the well knownness is required to prove beyond reasonable doubt that the mark enjoys high reputation among a substantial segment of consumers, with respect to the goods and/or services to which said mark is applied. In order to conceptualize the principle behind the well knownness of a trademark, it is important to understand the legal interpretations of the terms ‘substantial segment of consumers’…

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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

How to Determine Well Knownness of a Trademark – Part 1 -Trade Marks Act, 1999

In continuation to our previous post on Well Known marks, in this post we will be discussing the factors that should be taken into consideration while determining the well knownness of a mark. Section 11(6) and Section 11(7) of the Trade Marks Act, 1999 discusses the factors that the Registrar of Trademarks shall take into account while determining the well knownness of a trademark. Section 11(6) provides specific factors for assessing well knownness of a trademark, and Section 11(7) provides specific…

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The image depicts a lock with the letters TM by its side. The post talks about protecting trademarks. Click on the image to read the full post.

Are Applicants Allowed to Later Refute Their Own Submissions at TM Prosecution?

A recent decision from the Delhi High Court (HC) pertaining to the publisher of a weekly magazine, India Today, filing an application for an interim injunction at the Delhi HC so as to restrain Alpha Dealcom from launching a news channel with the name 'Nation Today', stresses the importance of submissions in response to an Examination Report made before the Trademarks Registry. The publisher of India Today argued that the use of the word ‘Today’ infringed its Trademark. The Delhi HC held that,…

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This image depicts tyres. This post is about how the court answered the question s to who owns the goodwill for a trademark-the seller or the manufacturer in a case. Click on the image to read the full post.

“Who Owns the Goodwill in a Mark?”- Coin Flips in Favour of the Manufacturer

This post was first published on 15th February, 2012.   A trademark associates a considerable amount of goodwill with a product and hence businesses go to great extents to exploit this potential of a trademark and therefore, they strive hard to protect their trademarks. A recent instance where a seller of a product fought with the manufacturer of the product over the ownership of the trademark is the Trans Tyres India Pvt. Ltd. v. Double Coin Holdings Ltd. & Anr. case, which…

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The featured image is of the trademark symbol . The post is abouT change in the name of Office for Harmonization in the Internal Market (OHIM) to European Union Intellectual Property Office. please click here to read more.

Choosing the Right Trademark- How Important is it Anyway?

  First Publication Date: 8th January 2010   How important is it to choose the right trademark and how to choose the apt mark? With more and more courts and decisions focusing on the strength of the mark it definitely becomes quintessential to choose and apply for the right trademark. We don't have to search hard to look for such illustrations where the strength of the mark in some way decided the fate of the case. Fenil in his post titled "Could exclusivity…

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This image depicts a confused and hesitant man working on a computer. This image is relevant because the post talks about the possibility of maintaining trade secrecy. Click on the image to view full post

Is Trade Secrecy Always Possible?

The possibility of protection and a company's capability to protect a secret is indeed an important factor to be considered while defining the nature of protection. Though many factors may be in favor of trade secret protection over patent protection, the incapability of an organization to maintain secrecy is a very important factor and may shift the balance. The kind of information sought to be safeguarded, measures required for protection, nature of business, organization's stature, and so on play a very…

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