Trademarks
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…
When can I use the ™ or the ® symbol on my brand/trademark?
The popular misconception is that the symbol ™ can only be used after a trademark has been applied for registration and not otherwise. The symbol ™ can be used on a mark that you intend to use as your trademark. In other words you are merely expressing to the general public at large your intention…
The Khadi trademark story - From Gandhi to Germany
During the British rule in India, Khadi was not just a cloth, it was a movement by Gandhiji where he promoted it as an ideology and instilled in the minds of Indians that they could be self-sufficient if they wore only khadi and that they needn’t rely on the high priced goods of the British. Over…
Do I need a lawyer to file my trademark application?
The most common question arising now in the minds of people, especially entrepreneurs, is whether it is possible to apply for registering a trademark by themselves, without getting any assistance from a trademark lawyer. The misconception is that trademark application is nothing but a mere filling…
Celebrity Rights in India: SRK and his trademark move!
Shakespeare’s ‘what’s in a name’ was apt for utopian times when he was of the view that a rose would smell like a rose even if it were called by another name. Today, in the world of competition, when celebrities are trying to out-do each other in the race for fame and endorsements, trademark rights…