Trademarks
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…
The Micromax, Cyanogen and OnePlus dispute - ‘Nothing like anything’ we've seen, but they will ‘never settle’
Most of us are aware that Micromax launched its new series of smartphones under its CyanogenMod based Yu brand recently. But not all of us are aware that Micromax fought a tough battle to be the exclusive users of this version (CyanogenMod) of Android for its latest phones in India. After Xiaomi,…
Vulgar Trademarks - How comfortable would the Indian Trademark Registry have been with ‘Comfyballs’
Amidst the major IP disputes of the week, with Ericsson stopping Xiaomi over a patent dispute and the Supreme Court denying Bayer’s appeal against the compulsory license, there were quite a few articles on the USPTO’s rejection of a trademark application called “Comfyballs” to be associated with…
Protection for colours under the Trademark Law in India
All marketing techniques are aimed to capture the attention of the consumer and make an impact. A distinctive trademark with a catchy tag line and colour scheme is probably more likely to stay on the minds of the consumer. A number of marketing experts believe that colour is the most important…
Trademark Application Status “Marked for Exam” - Explained
The term ‘marked for exam’ implies that a trademark application has been taken up for examination or is due to be examined shortly by the Trademark Office. The term “examination” per se means that the particular trademark would be examined to see if it satisfies and overcomes the objections…