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Generic Trademark Tag

BananaIP Counsels > Posts tagged "Generic Trademark"

Court Re-Emphasizes the Exclusion of Generic Terms from Registration

The image depicts the Madras HC.

This post was first published on March 30, 2012. Recently Madras High Court has delivered a very interesting judgment on trademark infringement and passing off in the case of Rhizome Distilleries Pvt. Ltd Vs. Union Of India & Others on 16 February, 2012. The suit has been filed by Rhizome Distilleries Pvt. Ltd against four different Respondents. They are- 1. Union of India,  2. Intellectual Property Appellate Board,  3. The Registrar of Trade Marks,  4. Pernod Richard S.A. The petitioner company is a bottling and blending unit, which possesses recognized liquor brands in the market capturing middle and lower segments in the name...

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Too much Success is Not Always Good: A Look at Genericization of Trademarks

The image depicts a tombstone with the Registered mark on it. This post talks about Trademark death due to genericization. Click on the image to read the full post.

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 attacks in the form of passing off and infringement. Asserting the mark against infringers is crucial for maintaining the reputation of...

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