Sound Board

Our thoughts and views on the practice of Intellectual Property in India and around the world.

Cases and issues relating to personality and image rights in connection with trademark law have always intrigued me. For one, it raises the question of whether a person can register their name as a trademark solely on the ground that they are a celebrity having brand value and that their reputation is likely be injured otherwise. Unless of course they are using their name for the purpose of sale of goods and providing any services. An example that strikes me is that of Sachin Tendulkar who has…

Registering a trademark is only the first step. What is more challenging is to be wary all those conflicting marks out there in the market trying to make a place for themselves. At the outset, in a suit of trademark infringement or passing-off, the two probable reliefs that can be sought are an injunction and then damages. This is apart from an account of profits (any likely profit that the defendant has made by using the infringing mark) and delivery of any goods (goods in the possession of…

Pepsico India Holdings Pvt Ltd has won yet another trademark battle, this time in respect of its mineral water brand “Aquafina.” The Delhi High Court, in a recent judgement, upholding the submissions of Pepsico, has restrained the defendant Aqua Mineral (India) from using the trademark “Aquafine” for infringement of Pepsico’s trademark rights in the mark "Aquafina." Pepsico has naturally banked upon the well-known status attained by the mark "Aquafina," not to mention its (alleged) long term…

The Delhi High Court recently had the opportunity to decide a case on trademark infringement and passing off where they examined the concept of usage of a trademark in India. While we have blogged about the concept of usage earlier (read our posts here and here) what was interesting in this case was the evidence that was submitted by the Plaintiff and the factors that were relied on to prove spill over reputation and trans-border reputation.

Most people who want to get a trademark registered, search for the Super Mark. What is this Super mark? Super mark is the Invincible Superman of the Trademark world, i.e. it is a mark that would less likely to be objected to by the Registry.

Not too long ago, advertisements on the radio, print media and television were the best means to spread the word about any goods or services that were to be marketed. Times have changed and it takes more than just a few ads and discounts to retain consumers and maintain a steady market share. Marketing, publicising and brand building have reached new heights in the last few years, thanks to the internet. Keeping pace with changing times and making a prominent place in the cyber space seems to…

We have been providing regular updates on the efforts taken by the Controller General of Patents, Designs and Trademarks (CGPDTM) to achieve complete automation and more significant, absolute transparency(some of our articles on this could be found here and here). In yet another move towards transparency, the CGPDTM has now introduced "Stock and Flow based Dynamic Trademark Utility."

So what if the awe-inspiring Google GLASS had everyone spell bound; the spell and the GLASS appear to be unceremoniously shattered(pun intended!) by the United States Patent and Trademark Office(USPTO).

For those of you who decided to read the article based on the title, expecting some hard hitting piece of English prose on India and US talks on IP based on the issue of pharma patents and the like; I’m sorry to disappoint. I started off this post with a very simple question in mind as to whether the political parties contesting the elections in India have their names, symbols or slogans trademarked or not.

When a trademark application is filed, it is examined by the Trademark Office to check if it overcomes the objections laid down by the Trademarks Act 1999(predominantly Section 9 and Section 11 of the Act). If there are objections to registration of the said mark, an opportunity is given to the applicant to overcome the objections so raised through a response to the examination report and further, if necessary, through a hearing before a Hearing officer. Based on the same, the mark is either…