Trademarks
Difference between filing a trademark as a word and as a logo
Indian trademark law saw its origin back in the 1940s with the advent of the Indian Trade Marks Act subsequently increasing the need for protecting trademarks. This upsurge can be attributed to the rise in growth of trade and commerce in the country over the years. Ever since then, the trademark…
Ownership of family trademarks
Family trademarks are marks which are used by a person for his family business, where the trademark ownership lies with each member of the family. Such trademarks provide parallel rights for use of the mark, thus, protecting each heir under the doctrine of shared goodwill and common family legacy.…
The case of Toyota Prius & trans-border reputation
It was a sigh of relief for the Delhi based automotive accessories Company (Prius Industries) when the infringement case wasn’t decided against them as Toyota failed to prove trans-border reputation. Prius Auto Industries, set – up in Delhi in the year 2001 and engaged into manufacturing automotive…
Indian TMO issues guidelines for recognizing well-known trademarks
An owner of a well-known trade mark can now shout it from the rooftops; so to speak. Answering unspoken prayers, a public notice was issued on May 22, 2017 elucidating a list of guidelines to be followed for determination of a well-known trade mark by the Registrar which, if followed ensures that a…
Registration of Trademarks in Foreign Languages: Indian Perspective
In India, a trademark can be registered in any regional or foreign language. The representation of a mark that includes words in a language, other than Hindi or English and characters others than Roman or Devanagari are registrable under Indian law by virtue of Rule 28 of Trademark Rules 2017. Rule…
The ‘Nation wants to know’ Conundrum
Arnab Goswami, the famed Editor in Chief of Times Now recently quit to start his own venture, Republic TV, under the umbrella of ARG Outlier Media Pvt Ltd. His excessively loud, yet entertaining show, The Newshour, was frequented with the catch phrase he had popularised; ‘The Nation wants to……
The Mind-Boggling Rubik’s Cube
I’m sure most of us would have certainly asked our parents for the Magic Cube to play with, as a child. Whether we solve the puzzle or not, as kids, we would have been enchanted by the colorful cube and twisted it (and probably broken it to pieces) in all possible ways to get it right. The Rubik’s…
Spring Board Doctrine: Protection of Trade Secrets
Trade Secrets A Trade Secret is information used in trade or business that is kept confidential to maintain an advantage over competitors generally known or easily accessible to persons involved in particular trade or business. It could be know-how, formula, recipes, manufacturing methods,…
Priority Trademark Application In India – All You Need To Know
The Paris Convention for the Protection of Industrial Property that was signed in Paris pertains to industrial property in a broad sense including trademarks, patents, trade names and geographical indications amongst others. The Convention predominantly deals with three categories namely national…
How to get a well-known trademark status for your mark in India
What is a well-known trademark? The Trademarks Act, 1999 has defined a well-known trademark under Section 2(zg) of the Act as ‘mark which has become so to the substantial segment of the public which uses such goods or receives such services that the use of such mark in relation to other goods or…