A Little Biology, Some Chemistry, and a Trademark Called BIOCHEM
In the case of Alder Biochem Private Limited v. Zydus Healthcare Limited & Ors., BIOCHEM had been part of the pharmaceutical market for several decades before Alder adopted…
Acquired distinctiveness
5 articles
All May Use “One for All” — But None May Own It
In a recent decision, the Delhi High Court dismissed an appeal by Oswaal Books and Learnings Private Limited (“Oswaal Books”) challenging the refusal of their trademark application for…
Part IV: Descriptive Marks – Can They be Protected?
This post analyses the Indian legal stance on descriptive marks under the Trademark Act, 1999. It explains the criteria for their protection, focusing on acquired distinctiveness and secondary…
Part III: Descriptive Marks
This post discusses the circumstances under which descriptive trademarks can be protected in the EU, focusing on acquired distinctiveness and fair use provisions. It provides an analytical comparison…
‘Acquired Distinctiveness’ of Infosys Trademark
The Delhi High Court recognised acquired distinctiveness in the INFOSYS trademark, restraining the defendant from using the mark in its business name. The case highlights the need for…