Trademarks
Trademark Renewal - The Indian Scenario. Only A Single Chance?
As mentioned in my previous articles, the life of a trademark is ten years in India post which the mark requires to be renewed every ten years to keep the mark alive. Of course, the Trademark law requires the Trademark Office to notify the proprietor before the expiry of registration. Now the…
Rajnikanth's personality rights - It's only his. Mind it!
Celebrities in India (particularly actors and film makers) have become extremely vigilant of their rights. There has been a considerable increase in the number of cases requesting for John Doe orders, recognition of celebrity rights and the number of trademark applications for the name of famous…
Trademark Infringement:U.S Cadbury Vs U.K Cadbury - Hershey's not ready to melt!
Who does not love chocolates?But the British in America do not seem to be in for "any" chocolate; much to their dismay though. America's leading confectionery giant Hershey, over a matter of trademark infringement, has brought about the ban of imported (U.K) Cadbury chocolates in U.S.A. It is…
Fluid trademarks – Go with the flow?
Most of us use Google almost every day and intentionally or unintentionally, we look forward to seeing what the Google Doodle of the day would be! Well, that is the kind of impact that the constantly changing “Google” logo has created on the minds of its users. I personally am very fascinated with…
Usage Of Trademark In India - Literal or More To iT?
In my previous article about trademark registration, one of the important pointers I had mentioned was about “use” of the mark. Considering that usage of trademark plays a pivotal role in trademark disputes, almost a decider in cases, it is important to explore it. So what is usage in India? How…
Sony’s trademark infringement suit dismissed after 20 years for technical defects
In trademark infringement suits involving well-known trademarks, one always expects the big corporation to win for obvious reasons – the trademark is well-known, goodwill and reputation acquired over the years and of course because they were able to make out a prima facie case. It wasn’t that easy…
Don’t mess with the wrestlers! – WWE awarded an injunction and damages against unauthorised distributors in India
If you are a wrestling fan, you would have definitely heard of John Cena, Randy Orton, The Rock, Cm Punk, Undertaker, Shawn Michaels, The Great Khali, Rey Mysterio, HHH, Edge etc. As a fan of these mega stars, you would have purchased many merchandise to be more like them and also would have made…
Planning To do Trademark Registration? This Is For You!
Planning to file do trademark registration but would like to know more about it before taking the plunge? Here are a few pointers. An entrepreneur might decide on a trademark that is catchy and best represents his business/goods/services. Unfortunately what needs to be kept in mind from the legal…
Court rules on dispute relating to trademark assignment
Trademark assignment is a process in which the owner of the trademark transfers the ownership of the mark either with or without the goodwill of the business. We had earlier written about the procedure for assigning trademarks and also the key points that should be incorporated in an assignment…
Trademark Application Status “Opposed” - Explained
One of the important statuses in respect of a trademark, shown in the website of the Trademark Office is “opposed,” for the registration of the said mark becomes dependent on the outcome of the said opposition. The term “opposed” means that a third party, has found the mark objectionable primarily…