Trademarks
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…
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…