Trademarks
Trademark and Startups: 4 Frequently Asked Questions
When starting a business I’m sure there are a multitude of questions that go through every entrepreneur’s mind. Barring the basic questions of whether or not to go ahead with launching something, on the trademark front there are a couple of questions that keep cropping up. In this post, I’ve…
Parallel Imports – The Exhaustive World of Trademarks
Brand owners often find parallel importation as one of the key issues facing their businesses. Their hard earned reputation is at stake when their goods are sold by dealers who are not authorized to do so. It is also referred to as “grey market” for the reason that the goods imported and sold are…
Brainstorming to name your startup? Read on...
There was once a group of youngsters sitting in a café scribbling over their notepads, almost spilling the coffee in the heat of their arguments. They were in a heated brainstorming session regarding a suitable name for their startup. A few tables across sat another young man, seemingly disturbed…
Why should you register your Trademark?
Trademarks are at the sine qua non of any business; right from your name or the logos representing your brand, to the names of specific products or services - any particular term or slogan that is unique to your business are the keys to building your brand identity and carving a unique niche for…
Curse of phantom trademarks
Phantom trademarks – What are they? An anomaly to our Indian trademark law is the concept of Phantom marks. Phantom trademarks are marks containing elements such as words, designations or phrases that are unfixed. It might incorporate a date, geographic location or model number that is changeable.…
Amul the well known taste of India
There are a few indigenous brands that have grown with India, brands that have been so woven into the fabric of India by the hands of time. Most undoubtedly the name that is recognised in every nook and cranny of India is Amul, and the ‘Amul butter girl’ is undoubtedly the most recognised device…
Proposed Amendments to Trademark Law in India – Fee Hike and More.
Nov 2016 Update: We are hearing reports that the amendment will come into force this month. While nothing has been confirmed as yet, it appears that the amendments will be published in the Gazette shortly. The Controller of Patents, Designs and Trademarks recently through a public notice dated…
Bata sho(e)s away Vitaflex – Delhi HC grants injunction against groundless threats
The phrase “I’ll sue you” is one that many people love to use, without actually giving too much thought to whether legal action can in fact be taken and if so, whether it’ll be maintainable in a Court of Law. Lawyers take it a step further (in an attempt to make their client’s happy) by telling the…
Class of purchasers and trademark infringement
The Gujarat High Court in a recent case has reaffirmed that trade channels, class of purchasers, the extent of reputation of the parties and all the other relevant factors play a crucial role in determining whether there has been an infringement or not. The decision was the result of taking into…
Associated trademarks in India
I’m sure many of us, lawyers and trademark owners, would have come across examination reports that have required association between your mark and the applicant’s other marks (mostly). In cases where the mark that we have to associate it with has crossed its date of validity or has been withdrawn…