Trademarks
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…
The law on acquiescence: Wake up before it's too late!
Filing an application or obtaining a registration is only the first step to the long battle ahead; because once the mark has been registered, the owner has to be more vigilant in protecting it in this era of "passing off". Here’s the thing, if you come across your mark which someone else is using,…
Character Merchandising in India – Part One
Recently, I came across an exclusive store for Chota Bheem merchandise in Chennai that had every product (towels, bags, footwear and more) one could possibly imagine and I’m sure every child who walked into that store hasn’t left without throwing a tantrum to own one of those products! That really…
Assignment of Trademarks in India
Trademarks like any asset can be transferred from one owner to another. The transfers could be temporary through licensing or permanent through an assignment. Assignment of trademarks is a process in which the owner of the trademark transfers the ownership of the mark either with or without the…
Bombay HC rules on the issue of jurisdiction and cause of action in a Trademark case
The Bombay High Court in the case of Dalmia Cement Bharat Limited v. Ultratech Cement Limited recently ruled on the issue of cause of action and jurisdiction of Courts in cases of trademark infringement and passing off. The Court discussed various aspects of Section 134 of the Trademarks Act in a…