Trademarks
Exhaustion of trademark rights in India - The whole world is one market, or is it?
The Division Bench of the High Court of Delhi says it is, after having ruled in favour of “International Exhaustion” in the case of Kapil Wadhwa vs. Samsung Electronics Ltd., the only latest case available on the Doctrine of Exhaustion in India. So the bundle of exclusive rights granted to a…
Trademark for export trade – ‘use’ of the mark in India?
Over the last few decades, the world economy has witnessed a paradigm shift as far as transaction of goods and services are concerned. Companies have expanded their business operations and established their manufacturing units across the globe and services have traversed boundaries, which has in…
Indian Trademark Filing Fee increased – Retrospective effect from August 1, 2014
A year ago, we wrote about the tentative amendment to the Trademark Rules which involved the increase in filing fees. The Trademark Rules have been Amended and published in the Official Gazette of India issued by the Department of Industrial Policy and Promotion. Indian Trademark Filing Fee…
Six things that may be stalling your trademark application in India
So you’ve planned and taken all necessary precautions before filing or instructing your Counsel in India to file your trademark application in India and it has been filed, and now you’re waiting. (Also see 4 steps to register a trademark in India – The fast and cost effective way) While the…
Trademarks and Meta-Tags – The match made in Court
Petitioner: People Interactive (I) Pvt. Ltd. Respondent: Gaurav Jerry & ors. Trademark: Shaadi.com Decision making Authority: Bombay High Court Facts: In 1996, Siddharth Mehta launched an online matchmaking, matrimonial and wedding services portal under the name and mark Shaadi.com. Four years…
OMG - 'WTF' is a registered trademark ?!
One of the main benefits of working as an intellectual property lawyer is that I get to know the latest in everything. Whether it is the latest technology through patents, products through brand names and designs or movies/songs/art etc through copyright, I get to live vicariously in the present…
Restrictions imposed by the Indian Trademark Office for amending your trademark applications.
The issue dates back to 2nd February, 2012 and 8th June, 2012 when the Controller General of Patents, Designs and Trademarks (CG) issued an Office Order No: 1 of 2012 and Office Order No:16 of 2012 respectively, that placed restrictions on amendments that can be made to a trademark application,…
Making the right Trademark “Choice”
Petitioner: Allied Blenders & Distillers Respondent: Shree Nath Heritage Liquor Pvt. Trademark: Officer’s Choice Decision making Authority: Delhi High Court Facts: The Plaintiff had filed a suit for permanent injunction restraining the defendant from selling, distributing, advertising or…
3 Things your Marketing Team needs to know about Trademarks
Lawyers in general are not the most loved people on the planet. There is always a sense of caution when we’re dealt with. It’s also probably why the legal profession has two patron saints St. Ives and St. Thomas Moore (must be twice as difficult for us to get into heaven). Anyway leaving God and…
Laws concerning Internet Memes: Not so funny?
A recent study conducted by ‘We Are Social’ found that despite these slow speeds, Internet users in India spend almost 5 hours on the net every day, with 40% of that time spent on social media. Going by these statistics, Indian users roughly spend about 2 hours on social media and which platform…