Trademarks
The Case of Choclairs
Cadbury and Lotte are famous brands for chocolates with Cadbury probably a little more famous in India since it has been around for quite a while. This fact may have been one of the many reasons why Cadbury could obtain an interim injunction against Lotte in January this year. Briefly, Cadbury…
Parodies and trademarks in India
By the time I'm in the studio recording my parody, 10,000 parodies of that song are on YouTube. - Weird Al Yankovic, a parodist among other things. The quote above might be a little misplaced since this article is about parodies of trademarks and their position in Indian law but Weird Al’s words…
A truly comprehensive e-filing system by Indian Trademarks Office
Following my earlier posts on this topic (see here and here) and after yesterday’s upgrade by the Indian Trademarks Office, the e-filing system (“system”) now has all the forms prescribed by the Trademarks Rules. This upgrade consists of requests relating to recordal, cancellation and other changes…
Things are looking “rosy” for Gulaab Gang... for now
It seems to have become a norm in India these days to rake up some controversy before a film’s release. It is almost always either intellectual property (copyright or trademark) violation or defamation. This time apparently it is both! Gulaab Gang is a Hindi film which apparently deals with social…
Update! More facilities through Trademark E-filing system
Following my earlier post, I am incredibly excited about the recent launch of yet some more forms being made available online. With this launch, the Trademarks Office has made a total of 57 forms available online. We now have forms for requesting changes post-registration online which means we can…
Expedited Examination of Trademarks in India – How fast is fast?
To all who read this, my aim here is to share something that I have been brooding about...It may even be something “you” have been brooding about.. Hopefully someone or maybe even the Indian Trademark Office will come up with a satisfying answer? All IP Attorneys in India (and even from other…
Trademark Dispute : A Man of Average Intelligence and Imperfect Recollection
Name: Man of Average Intelligence and Imperfect Recollection AKA: An Unwary Purchaser of Average Intelligence; Ordinary Man; a Customer of Average Intelligence; Age: ~ 56 years [1958 possible year of birth] Origin: Possibly the United Kingdom – Aquamatic Case First Appearance in India: 1960 Known…
Indian Trademarks Office goes the paperless way!
For those of you who use (and love, maybe?) the e-filing system (“system”) of the Trademarks Office, things just got lovelier. Until the evening of February 05, 2014, the Trademark Office’s system allowed trademark applications (under various forms) along with a couple of requests such as…
Aural and olfactory marks – I heard that it smells good
On a beautiful Sunday morning you are jogging down the street. After covering few kilometers, you decide to break for a breather. As you rest your legs, you hear the distant sound of a TV commercial from a house nearby. The sound isn’t clear and you are not able to figure out what the people might…
Importance of O-3 Notice – Trademark renewal reminder
We bring to you a guest post by Nemish Zaveri, a fourth year law student from Institute of Law, Nirma University with a keen interest in intellectual property laws. In this article, he presents his views on the requirement to serve the O-3 notice. An O-3 notice is a reminder sent to the registered…