Trademark Disclaimers – Use these words with caution!
What happens when you want to get a composite mark, which has both distinctive and non-distinctive elements,registered as a trademark? The answer is this - you simply have to disclaim that you claim no exclusive rights over the particular element or elements of the mark that the Registry concludes to be unregistrable standing alone on account of it being more of a generic term, to limit and define the rights of the proprietor, after which allowing you to proceed toward getting your mark…
Blatant use of well-known trademarks – Acting on intention or ignorance?
We’ve all come across counterfeit products of popular brands and first copies. People have taken it one step further by selling products under the brand name of well-known trademarks like Facebook, Whatsapp and the like on clothing, food stalls and what not. There are a two possibilities; either it is a case of blatant trademark infringement and passing off or it is the lack of awareness. The latter suggests that a person manufacturing and selling such goods with well-known trademarks has no…
Exhaustion of trademark rights in India – The whole world is one market, or is it?
The Division Bench of the High Court of Delhi says it is, after having ruled in favour of “International Exhaustion” in the case of Kapil Wadhwa vs. Samsung Electronics Ltd., the only latest case available on the Doctrine of Exhaustion in India. So the bundle of exclusive rights granted to a trademark holder does not seem to include the fact that they cannot restrain parallel importers of those products who exploit this doctrine to benefit themselves.
Trademark for export trade – ‘use’ of the mark in India?
Over the last few decades, the world economy has witnessed a paradigm shift as far as transaction of goods and services are concerned. Companies have expanded their business operations and established their manufacturing units across the globe and services have traversed boundaries, which has in effect led to the upswing of branding. Intellectual property plays a pivotal role in the trade related aspects and trademark law in such cases comes into play when issues regarding registration of mark…
Indian Trademark Filing Fee increased – Retrospective effect from August 1, 2014
A year ago, we wrote about the tentative amendment to the Trademark Rules which involved the increase in filing fees.The Trademark Rules have been Amended and published in the Official Gazette of India issued by the Department of Industrial Policy and Promotion.
Six things that may be stalling your trademark application in India
So you’ve planned and taken all necessary precautions before filing or instructing your Counsel in India to file your trademark application in India and it has been filed, and now you’re waiting. (Also see 4 steps to register a trademark in India – The fast and cost effective way) While the trademark office has taken it upon itself to teach all counsels how much of a virtue patience is, on some occasions they may not be at fault. It may well be, that the trademark office is in fact waiting on…
Trademarks and Meta-Tags – The match made in Court
In 1996, Siddharth Mehta launched an online matchmaking, matrimonial and wedding services portal under the name and mark Shaadi.com. Four years later in February 2000, the Plaintiff was incorporated. The Plaintiff belongs to the People Group of Companies. They own several well-known domain names, websites, brands and trademarks. One of these is Shaadi.com.
OMG – ‘WTF’ is a registered trademark ?!
One of the main benefits of working as an intellectual property lawyer is that I get to know the latest in everything. Whether it is the latest technology through patents, products through brand names and designs or movies/songs/art etc through copyright, I get to live vicariously in the present and near future through my clients. Oddly enough, this level of knowledge as a natural extension seems to extend to the latest slang!
Restrictions imposed by the Indian Trademark Office for amending your trademark applications.
The issue dates back to 2nd February, 2012 and 8th June, 2012 when the Controller General of Patents, Designs and Trademarks (CG) issued an Office Order No: 1 of 2012 and Office Order No:16 of 2012 respectively, that placed restrictions on amendments that can be made to a trademark application, more importantly the restriction in respect of amending the date of usage of the trademark in India.
Making the right Trademark “Choice”
The Plaintiff had filed a suit for permanent injunction restraining the defendant from selling, distributing, advertising or dealing in alcoholic beverages especially Indian made Foreign Liquor (IMFL) or goods of any description bearing trade mark 'Collector's Choice' or any other mark deceptively similar to plaintiff's trade mark 'Officer's Choice'.