Trademarks
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…
Delhi HC allows amendments to trademark applications
We had recently written about an order that was passed by the Controller General of Patent, designs and Trademarks restricting the amendments that can be made to a trademark application and hoped that IPAA would appeal this matter. It has come to our notice that IPAA in fact took up this matter…
International Non-Proprietary Names as Trademarks in India – INN or OUT?
International Non-Proprietary Names (INN) are globally recognized names for pharmaceutical substances or active pharmaceutical ingredients and are also known as generic names. The International Non-Proprietary Names were first initiated by the World Health Assembly in 1950 with a view to designate…
Trademark Application Status “Advertised Before Acceptance or ABA” - Explained
The status “advertised before acceptance” or simply called ABA, implies that the mark has been advertised in the weekly Trademark Journal, though with certain reservations. Once the mark gets advertised, the opposition period of four months begins during which the applicant has to wait and watch to…
An overview into licensing of trademarks in India
Having written about assignment of trademarks in India in one of my earlier articles, I wanted to write about licensing in India as the two concepts can be confusingly similar to those who need to choose. Apart from pointing out the differences, this article also will comprehensively explain the…
Can you lose your trademark even after registration?
Yes you can unless there is proper policing done, you are highly likely to lose your trademark rights. In my previous article I had mentioned how getting your mark registered is just the first step to the long battle ahead because even if your trademark is approved, people can challenge and steal…
Character Merchandising in India – Licenses & Fan Art (Part Two)
In my previous article on character merchandising, I mentioned that all of us have at some point been guilty of buying merchandise of our favorite characters but how many times do we stop to think if it’s actually being licensed from the creators of the work or whether they are just rip offs? Not…