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distinctiveness of trademark Tag

BananaIP Counsels > Posts tagged "distinctiveness of trademark"

Should Distinctiveness Have Anything to Do with Dilution – By Nandan Pendsey, IP Attorney, USA

The image depicts the letters T and M as the post is about trademarks and distinctiveness and dilution. Click here to read the post.

Evolution of Dilution as a Remedy: The theory of Dilution as a means of protecting a trademark was first propounded by Frank Schechter in his research article, “The Rational Basis for Trademark Protection”. He advocates in this article that the real function of trademark law is to identify a product as satisfactory and thereby stimulate further purchases by the consuming public. He further says that the real injury to a trademark is the gradual whittling away or dispersion of its identity (now known as dilution) and therefore preservation of this uniqueness of a trademark should be the only rational basis...

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Likelihood of Confusion: Numerals as Trade Marks

The image is of numbers in a downward spiral . The post is about numerals as trademarks. to read more please visit.

  In this post we will be analyzing whether a numeral Trade mark can be deceptively similar to another mark consisting of different numerals. This issue has recently been dealt with by the Delhi High Court in the case Mona Aggarwal & Anr vs. Glossy & Paints Pvt. Ltd. & Anr. The brief facts of this case are that, the Plaintiff i.e. Glossy Colour Paint Pvt. Ltd is said to have adopted and used over the mark "1001" since 1946. The mark is claimed to be distinct mark where the mark '1001' is represented with the zeroes having eyes and being used...

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Comments and Suggestions on the Draft Trademark Rules, 2015 

The Custom image reads "Comments on the Draft Trademark Rules, 2015". The post is about the Comments and suggestion submitted to the DIPP on the new proposed TM rules. To read more click here.

The Ministry of Commerce and Industry, Department of Industrial Policy and Promotion ("DIPP") issued a notification on November 19th, 2015 publishing the draft Trademark (Amendment) Rules, 2015 ("Draft Rules") seeking to amend the Trademark Rules, 2002 ("Trademark Rules"). The proposed Draft Rules seeks to simplify the complex registration process. The objective of the Draft Rules is to create a more organised system of filing applications which will result in the efficient processing of applications. In light of this, it is imperative that we acknowledge and appreciate the efforts that have gone into making the proposed Draft Rules. The important changes such as...

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