Trademarks
Filing international trademark applications under the Madrid Protocol in India
The international registration and management of trademarks is facilitated by the Madrid Agreement or the Madrid Protocol or in some cases by both the Protocol and agreement and is administered by the World Intellectual Property Organization (WIPO) located in Geneva, Switzerland. India is a member…
Sizopin and syzopin - Acquiescence makes no sense?
When I first came across the medicines SIZOPIN and SYZOPIN, I honestly thought it might have just been a typographical error and that they originate from the same source. Much to my astonishment, they are in fact two different drugs used for treating almost the similar thing. So naturally there had…
Can you register signatures as trademarks in India?
I’m sure most of us have or at least try to have a signature so unique that you wish is associated solely with you whether you are a celebrity or not. Some of us are also very particular about our signatures and we feel that it defines our personality. I’m sure we’ve all come across articles titled…
The Curious Case of Indian Startups and Trademarks
I have a startup story and it’s not a pleasant one. So if you’re expecting to read tales of college grads hunched over laptops in a basement, who created something unique, got funded and are billionaires by the time they are twenty eight, stop reading right away. I’m serious…. This here, is a story…
ZARA trademark dispute - Cocktails and clothes causing confusion?
The David-Goliath tussle in the trademark world is an unending one. It is a scenario where a big company is suing a small company and most often, the big company is made out to be a trademark bully. Though that might be true, in my opinion, it has more to do with protecting one’s trademark rights…
Madrid Protocol vs National Applications for Trademarks in India – The problem of ‘use’
India became a member of the Madrid Protocol on July 8, 2013 and since then has received about 13768 applications designating India and has filed 155 applications under the Madrid Protocol. While there have been several debates on the best route to take in terms of protecting international brands…
Surnames and Trademarks in India
Well, if you have a unique surname then you’ll not only have difficulties in explaining to people how to get it right but you will also have the difficulty in getting it registered as a trademark in India. Having said that, there are obviously many discrepancies between the law and the judgments…
Calcutta High Court reaffirms well-established principles of Trademark law
They should not be placed side by side to find out if there are differences; rather the mark should be taken as a whole. This landmark judgement on trademark law, followed by many others, has taught us that while comparing two marks to judge if one of the marks is deceptively similar or not,…
Financial restructuring schemes as a defence to trademark infringement - Delhi HC says NO
Defence to trademark infringement In the last few years, we have had the opportunity of witnessing very interesting intellectual property cases and more importantly, case involving interpretation of intellectual property rights in consonance with other laws. The Delhi High Court recently decided an…
Delhi High Court throws some "light" on comparative advertisement in India
The High Court of Delhi recently dealt with a case of comparative advertisement, yet again. The only thing that set this case apart from the recent comparative advertisement cases is the fact that the plaintiff was upset that the defendant did not mention certain advantages of their products. Now…