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Navigating Trademark Distinctiveness: Indian Court Decisions Unfold - Part 6

Trademarks in the Courtroom: Noteworthy Decisions from India Part – 6

Delving deeper into the nuances of trademark law, "Trademarks in the Courtroom: Noteworthy Decisions from India, Part-6" presents a fresh compilation of judgments where the courts took a stand on the distinctiveness and proper examination of trademarks. This segment emphasizes the courts' role in meticulous adjudication, shaping the legal landscape for trademark protection. "What Do You See?" is not devoid of distinctive character, says Delhi High Court. In a recent decision, the Delhi High Court set aside an order of the…
November 8, 2023 Case Reviews, Intellectual Property, Trademarks 0Comment 369Views 0Like
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Trademarks In The Courtroom: Noteworthy Decisions From India Part - 2

Trademarks In The Courtroom: Noteworthy Decisions From India Part – 2

In our ongoing series, "Trademarks in the Courtroom: Noteworthy Decisions from India," BananaIP Counsels brings forth Part - 2, highlighting critical judgments from the Indian judiciary. Each judgment encapsulates key facets of trademark law, helping readers grasp the essence of pivotal decisions. Bennett Coleman Strengthens Rights in NOW Trademark, Court Limits Use of VNOW Bennett, Coleman and Company Limited filed a rectification petition to rectify the registration of the mark "VNOW" owned by VNOW Technologies Private Limited for specific services under…
October 12, 2023 Case Reviews, Intellectual Property, Trademarks 0Comment 419Views 0Like
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This image reads Trademark. This post is about interesting development in Trademark law. Click on the image to read the full post.

Understanding Trademark Registration Procedures in the Maldives

This post was first published on October 15, 2014.   The Intellectual Property Regime in the Republic of Maldives, the smallest Asian country in population and in area, is an interesting study. In order to comply with the TRIPS Agreement, the Maldives Government (referred to as GOM) enacted the Copyright Law in April, 2011, and thereafter spread public awareness of Copyright Law through TV and radio programs, Government announcements, school events and meetings with relevant media and entertainment sector associations.…
August 31, 2019 Intellectual Property, Trademarks 0Comment 729Views 0Like
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The image reads Trademarks. The post is about interesting development in trademark law. Click on the image to read the full post.

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 Intellectual Property, Trademarks 0Comment 1212Views 0Like
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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 Intellectual Property, Trademarks 0Comment 693Views 0Like
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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 III: Descriptive Marks

This post was first published on 8th September, 2014.   In continuation to the earlier post where we covered the US approach towards protection of descriptive marks, in the current post, we will be analyzing the circumstances in which descriptive marks can be protected in the EU. The EU position towards descriptive marks is clearly stated under Article 7(1)(c) of the Council Regulation (EC) No. 207/2009, which is couched in the similar language as that of the provision in the Indian Trademarks Act 1999,…
July 25, 2019 Intellectual Property, Trademarks 0Comment 607Views 0Like
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The image depicts the letters T and M as the post is about trademarks and distinctiveness and dilution. Click here to read the post.

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

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…
May 10, 2019 Intellectual Property, Trademarks 0Comment 640Views 0Like
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