trademark law Archives

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Part IV: Descriptive Marks – Can They be Protected?

This post was first published on October 16, 2014. In the final part of this series, we shall conclude the discussion on descriptive marks with an examination of the Indian position on the protection of these marks. Section 9 of the Trademark Act, 1999 which lays down absolute grounds for refusal of registration of trademarks, clearly states that trademarks which consist exclusively of marks or indications, which may serve in trade to designate the kind, quality, quantity, intended purpose, values, geographical origin…

August 28, 2019

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This image depicts a statue of Lord Shiva. It is relevant to the post, as the post talks about the possibility of trademarking the name of God! Click on the image to read the full post.

Trademarking the name of God? Huh! – Part 2

This post was published on September 04, 2014. In this continuation post on legal aspects of trademarking god's name, we shall look into a few cases where Courts have discussed whether or not one can trademark God's name and therefore have monopoly in using God's name as an Intellectual Property. Usually, for a trademark used for a particular brand of goods or services, to be granted, it has to acquire secondary distinctiveness in its respective consumer market, and thus, one…

August 16, 2019

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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.

Part I: Descriptive Marks – Can They be Protected?

This post was published on September 01, 2014. In India, a Trade Mark means a mark capable of being represented graphically and capable of distinguishing goods or services of one person from those of others. These are the basic requirements for a mark to be eligible for Trade Mark protection laid down under Section 2(1)(zb) of the Trade Marks Act, 1999. Apart from these qualifications, a mark should also not fall under the category of the marks mentioned under Section…

August 15, 2019

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Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News

Indian Trademark Statistics for August (Second Week), Selena Gomes Files New Trademark, Tupperware to Open 30 Franchise-Run Stores, Ginsu Carves Licensing Program with JRL, Palani Panchamirtham Gets GI Tag and more, brought to you by the Trademark Attorneys at BananaIP (BIP) Counsel. TRADEMARK QUOTE OF THE WEEK “Define what your brand stands for, its core values and tone of voice, and then communicate consistently in those terms”- Simon Mainwaring INDIAN TRADEMARK STATISTICS Last week, the Indian Trademark Office has had a mixed…

August 15, 2019

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Part II: Descriptive Marks – Can They be Protected?

This post was published on September 08, 2014. In the second post of this blog series, we shall be analyzing the US approach towards descriptive marks. In the US, a mark is merely descriptive if it “consists merely of words descriptive of the qualities, ingredients or characteristics of the goods or services related to the mark”, being enough if it describes one characteristic of said goods or services. Like in India, a mark which is merely descriptive or deceptively…

August 5, 2019

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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…

July 28, 2019

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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…

July 27, 2019

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Trans-border Reputation of Well Known Marks – Part IV

This post was first published on 7th July, 2014. Spillover reputation of trademarks is a subject matter of endless legal tussles. Indian Courts and Tribunals frequently deal with cases related to foreign entities challenging honest and bona fide use of a similar mark by Indian entities even in situations where such foreign entities are not using their marks in India. In this post, we will discuss the concept of Transborder reputation. To claim Transborder reputation for a mark in India, the mark…

July 27, 2019

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This image depicts a pizza, as the post is about trademarking flavours. Click on the image to read the full post.

Flavour Marks – Can They Become a Reality?

This post was first published on 26th November, 2014. Here is the next post in the series of Student Blog Contest. This post is authored by Amrita Vasudevan. Every city has its food treasures and eating haunts, and Bangalore, for example, has Shivaji Military Hotel's Donne Biryani or CTR's Benne Masala Dose, both of which have quite the fan following. Eating joints like these often become landmarks, and a ‘must visit’ for tourists. We often associate a particular taste or flavour with an…

July 26, 2019

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This image reads Evidence in bold red. This post talks about what is admissible as evidence in cases questioning trademarks. Click on the image to read the full post.

Domain Names, Email or Private Communication as Proof of Trademark Use

This post was first published on 7th July, 2014. In this post, we will look into whether the mere use of trademark as part of a domain name or as an email id or even as private communication between parties can stand as proof of use of a trademark. Documentary proof is generally submitted to show that an Applicant has been continuously using an impugned mark. It is an effort for Applicants to show trademark examiners how they use the trademark…

July 25, 2019

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Part IV: Descriptive Marks – Can They be Protected?

Trademarking the name of God? Huh! – Part 2

Part I: Descriptive Marks – Can They be Protected?

Palani Panchamirtham Gets GI Tag, Chupa Chups Travels to Japan, Durian Trademark Infringement and Other News

Part II: Descriptive Marks – Can They be Protected?

Grounds for Refusal of Trademark Registration – Part III

Trademark Registration process – Part II

Trans-border Reputation of Well Known Marks – Part IV

Flavour Marks – Can They Become a Reality?

Domain Names, Email or Private Communication as Proof of Trademark Use

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