Bombay HC rules on the issue of jurisdiction and cause of action in a Trademark case

The Bombay High Court in the case of Dalmia Cement Bharat Limited v. Ultratech Cement Limited recently ruled on the issue of cause of action and jurisdiction of Courts in cases…


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Madrid Protocol for the Indian Trademark Owner

When it comes to international treaties and agreements, India generally signs first and thinks later. We sign on fast and then push the limits of implementing and amending our…


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Comparative advertisement and Trademark Infringement

Have you come across advertisement while watching TV that compare one product with another and it is quite obvious which the contender is despite them having “blurred” the brand…


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Madrid Protocol Designation: India as the Origin Country

The Madrid Protocol has simplified the process of filing trademark applications across the world by bringing it all under the World Intellectual Property Organization (WIPO). Once…


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Indian Patent Office extends deadline to submit comments on revised Guidelines for Examination of Pharmaceutical Patents

The Office of the Controller General of Patents, Designs and Trademarks (CGPDTM) released a document titled the draft guidelines for examination of Patent applications in the…


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Misspelt words as trademarks? NOT KOOL!

In my previous post I discussed three major reasons as to why descriptive words are bad trademarks. They generally will be objected to by the Registry, or they may be allowed with…


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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…


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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…


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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…


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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…


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