Trademarks
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…
Madrid Protocol for the Indian Trademark Owner
When it comes to international treaties and agreements, India generally signs first and thinks later. We sign on fast and then push the limits of implementing and amending our national laws until the last possible day. India’s accession to the Madrid Protocol was done in a rather similar manner.…
Comparative advertisement and Trademark Infringement
Have you come across advertisement while watching TV that compare one product with another and it is quite obvious which the contender is despite them having “blurred” the brand name? The Pepsi and Coke disputes and one-upmanship have been going on for several years. What’s generally noticeable is…
Madrid Protocol Designation: India as the Origin Country
The Madrid Protocol has simplified the process of filing trademark applications across the world by bringing it all under the World Intellectual Property Organization (WIPO). Once a trademark application has been filed in the home country or what is generally referred to as the origin country, one…
Misspelt words as trademarks? NOT KOOL!
In my previous post I discussed three major reasons as to why descriptive words are bad trademarks. They generally will be objected to by the Registry, or they may be allowed with disclaimers and even if they are registered, they may not let you stop someone else from using a similar mark. A common…
Trademark Disclaimers – Use these words with caution!
What happens when you want to get a composite mark, which has both distinctive and non-distinctive elements,registered as a trademark? The answer is this - you simply have to disclaim that you claim no exclusive rights over the particular element or elements of the mark that the Registry concludes…
Blatant use of well-known trademarks – Acting on intention or ignorance?
We’ve all come across counterfeit products of popular brands and first copies. People have taken it one step further by selling products under the brand name of well-known trademarks like Facebook, WhatsApp and the like on clothing, food stalls and what not. There are a two possibilities; either it…