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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 III

This post was first published on 8th July, 2014.   In today’s post, we’ll be talking about Section 9(3), thereby concluding one half of the series, i.e., absolute grounds for refusal of registration of trademarks. Section 9(3) talks about the registrability of the shape of goods. As per the provision, a mark shall not be registered as a trademark if it consists exclusively of: Shape of goods which results from the nature of the goods themselves; Shape of goods necessary…

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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.

Trademark Registration process – Part II

This post was first published on 7th July, 2014.   In continuation to my previous post, this post is with regard to trademark search and classification of different classes. A trademark search is required to be conducted prior to filing for registration of the mark. The purpose of conducting a trademark search is twofold: To understand and analyze the registrability of a trademark: The results yielded by a trademark search are used to understand the probability of registration of a particular…

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The image depicts the logo of Mucosolvan. This post describes a recent win for its trademark in a legal tussle. Click on the image to read the full post.

MUCOSOLVIN confusingly similar to MUCOSOLVAN

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…

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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…

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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…

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Weekly Trademark News - BananaIP Counsels

Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, New US Trademark Rules for Foreign Applicants, Kingfisher Resurfaces in New Zealand and Other News

Indian Trademark Statistics for July (Second Week), Uttarakhand Thulma Filed for GI, New US Trademark Rules for Foreign Applicants, Shemaroo Collaborates With Macmerise, Max Healthcare Defeats Maxcure Hospitals in Trademark Infringement, and more brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK “Every Trade Mark you Build adds to the financial value of your business, much more than your tangible assets” - Dr, Kalyan C. Kankanala. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office…

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Weekly Trademark News - BananaIP Counsels

Swarovski’s Shining Trademark Win, Walmart Accused for Trademark Infringement, DPIIT Issues GI Logo, Tagline Usage Guidelines and Other News

  Indian Trademark Statistics for July (First Week), Cardi B’s Trademark Denied Registration, Teletubbies Arrive on ASOS, Hershey’s and Emoji Secure a Sweet Deal, Swarovski’s Shining Trademark Win, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "Unlike other forms of IP, trademarks are there to stay, to stay and provide business/competitive value as long as your business lasts." – Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office have…

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Weekly Trademark News - BananaIP Counsels

Roaring Win for FUCT: US Supreme Court Strikes Down USPTO’s Ban, Dream Theatre Associates with Ninja Hattori, Kolhapuri Chappals Gets GI Tag and Other News

  Indian Trademark Statistics for June (Fourth Week), Barco’s-Grey’s Anatomy Licensing Agreement Renewal, PolicyBazaar Pays Hefty Fine of 10 Lakhs, Dream Theatre Associates with Ninja Hattori and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "What is immoral and scandalous? Certainly not personal feelings of the trademark examiner. There is a lot to learn from the US Supreme Court's Judgment in the FUCT case on immoral and scandalous marks." - Dr. Kalyan C.…

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Weekly Trademark News - BananaIP Counsels

Reliance Jio’s Trademark Win, Sachin Scores; Sues Australian Bat Maker for Dues, International Licensing Awards 2019, Karnataka Proposes Geographical Indication Policy and Other News

Indian Trademark Statistics for June (Third Week), American Singer Files Trademark for “100% THAT BITCH”, Karnataka Proposes Geographical Indication Policy, Reliance Jio Wins  Trademark Infringement and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "Registered Trade Marks over celebrity names are much easier to enforce than Celebrity Rights, and so is the case with catch phrases in songs, which have weak copyright protection.” - Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS…

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Weekly Trademark News - BananaIP Counsels

Kwality Wall’s Sweet Win, Inox Partners with NBA, Marcolin Group- Harley Davidson Licensing Agreement Renewal, Uttarakhand Jyan Salt Tea Filed for GI and Other News

  Indian Trademark Statistics for June (Second Week), Blake Farms Stuck in Traffic Jam over Trademark, Huawei Files Trademark for its New OS, Inox Partners with NBA and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsels. TRADEMARK QUOTE OF THE WEEK "Confusion always prevails over Clarity in trade mark infringement conflicts." - Dr. Kalyan C. Kankanala, BananaIP Counsels. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a mixed week in terms of productivity. The total number…

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