Chat with us, powered by LiveChat

+91-80-26860424 / 34

Call Us Today

LinkedIn

Search
 

Trademark Tag

BananaIP Counsels > Posts tagged "Trademark"

22% Increase in Trademark Registrations this Week, 62 Renewal Notices issued This Week and more.

22% Increase in Trademark Registrations this Week, 62 Renewal Notices issued This Week and more. These statistics have been compiled from the official journal of the trademark office published weekly on Mondays. INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a mixed week. The total number of applications disposed through show cause hearings has increased by four percent (4%). Similarly, the total registrations granted has increased by twenty two percent (22%). However, there has been a decrease of five percent (5%) in the total hearing notices issued. Weekly Indian Trademark Statistics Particulars Last Week This Week Change in % Total Trademark Applications Examined by Trademark...

Continue reading

Beer versus Whiskey- Beer Wins 8PM battle

The image depicts a beer stein full of beer. The image also reads Beer, with a byline 'All a man needs. Apart form sex'. This case talks about the tussle between beer companies for the mark 8 PM. Click on the image to read the full post.

This post was first published on September 24, 2011. RADICO KHAITAN LIMITED V. CARLSBERG INDIA PRIVATE LIMITED, decided on 16th September, 2011 by Delhi High Court Facts:- The plaintiff- Radico Khaitan Ltd. has been continuously and extensively carrying on an established and reputed business in respect of manufacture and sale of alcoholic beverages in India, as well as numerous countries across the world directly by itself and through its affiliates, subsidiaries, licensees, etc. The plaintiff adopted the mark 8 PM in the year 1997 in relation to whiskey and has been extensively using the same since 1999. The Plaintiff is the Registered Proprietor...

Continue reading

Introduction to Well-Known Trademarks and Trademark Dilution

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.

    This post was first published on June 30th, 2014.   Generally, trademark protection is limited to the protection against unauthorized use of a trademark on identical or similar goods or services. The deceptive similarity and likelihood of confusing elements are not applicable in cases where an alleged conflicting mark is used in respect of dissimilar and/or unrelated goods and services. For example, the use of the mark KODAK for hotels or catering services would not amount to trademark infringement under the provisions of Trademark law. However, this is not the case in all situations. Article 6 Bis of the Paris Convention for protection...

Continue reading

Case Study – Trademark for Film Titles

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.

  This post was first published on June 27th, 2014.   What's in a name? - This question of William Shakespeare's would probably fade away into the background when it comes to the Entertainment Industry. The importance given to a name seems like just about everything in the context of the Entertainment Industry, since it creates an identity and makers of a film all over the world are choosy to the point of being cranky when it comes to giving their film a suitable title. Titles act as the unique identifier representing their work. So, can titles be protected, and if yes, how...

Continue reading

Inebriated @ 8

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.

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 'Palone 8' and as a result was sued by Radico (detailed analysis of the facts and earlier order of the...

Continue reading

Should Every Business get a Trademark under 35?

The image depicts the number 35.

This post was first published on 12th March, 2012.   Recently, an entrepreneur came to me for advice on obtaining trademark protection. The man said he runs a software development and services company and he found a competitor running a similar business in USA under a trademark that is identical to his. As a prior user, he wanted to protect his trademark but was unsure of what trademark classes he should apply under. I advised him to file applications under Class 9 for software products and Class 42 for software services and also told him he could consider filing applications under Class 16...

Continue reading

Making a Mark – Framing Strategy for India

This image depicts the trademark symbol, which consists of the letters T and M in a circle. This post gives important updates in the filed of trademarks. Click on the image to read the full post.

This post was first published on January 20th, 2011. A trademark provides business and competitive advantage through consumer recognition and association of good will. Business advantage can be maximized if fame can be associated with the trademark. A famous trademark allows a company to prevent unauthorized use of the trademark for both related and unrelated businesses. In India, use of a famous trademark for unrelated goods or services is considered infringement. A famous trademark is said to be infringed if a person (a) uses an identical or similar trademark; (b) for unrelated goods or services; and (c) takes unfair advantage or causes...

Continue reading

KYUNKI SAAS BHI KABHI BAHU THI Vs. TIDE- Rights in a Cinematographic Work

This post was first published on October 4th, 2011. Star India Private Limited v. Leo Burnett (India) Private Limited Facts: Star India Pvt. Ltd. (plaintiff) is doing the business of acquiring copyrights in cinematograph films, television serials, programs, and also producing and commissioning the production of television programmes for various television channels. These programs enjoy tremendous popularity amongst viewers in India and abroad. Star India Pvt. Ltd. also had acquired the copyright of famous T.V. serial produced by Balaji Telefilms Pvt. Ltd., named, “KUNKI SAAS BHI KABHI BAHU THI” to create, compose and produce 262 episodes of it and became exclusive owners of...

Continue reading
Speak with an IP Expert Today
close slider
css.php