Trademarks
Sugar and spice and everything NICE
A trademark that has been registered is valid for the goods or services that it has been applied for. If I file a trademark WONKZOO for legal services, aside from the fact that I may be committing professional suicide I need to decide which class of goods I have to file the trademark in. A…
Filing a trademark application in India – Should it be filed on a proposed to be used basis or claiming usage?
An application for registration of a trademark in India can be filed by either claiming use of the trademark in India or on a proposed to be used (intent to use) basis. Subsequent to publication and in the absence of opposition the application would proceed towards registration. Unlike in the US,…
4 Steps to Register a Trademark in India - The fast and cost effective way.
While the Indian Trademark Office has been constantly trying to complete the mammoth task of clearing several thousands of trademark applications pending before it at various stages of prosecution, fulfilling the following steps would help you to protect your trademark in India quickly and cost…
Why is India not yet ready for the Madrid Protocol?
While we are all excited about India becoming a part of the Madrid System on July 08, 2013 there are serious concerns on how the Indian trademark office already struggling with delays and quality of examination going to cope up with the new international applications. Among other issues such as…
And the Winners are.......
Image Source After a long wait, we have the names of the winners of the Blogging Competition. Congratulations are in order for: 1. Ishani Dash – Winner selected by the Panel for her article “Smelling Trademarks with a Scent of Humanity”. Ishani’s article was unanimously adjudged the best among…
Branding Neo India in Trademark Law
Developing a strong trademark is crucial to protecting the value of the brand. Examples of well-known trademarks include NIKE, CHANEL and COKE. The name of your product or service doesn’t have to be famous to be protected by trademark law. But, not every name is protected as a trademark. In…
Owning Your God – Trademark Protection for Deities
A spiritual man’s trademark is his true belief in God. But what if the man tries to trademark the God he believes in? Imagine waking up in a world where Trusts have exclusive right over images of popular deities; getting booked under s. 29 of the Trade Marks Act, 1999 (hereinafter TM Act 1999) for…
Trademark Series, Concept and Position in India
The concept of trademark series is relatively new in the arena of Intellectual Property Law. The development of this species of trademark has recently gained pace, and is expected to provide a whole new level of trademark protection for the world’s big and small industrial houses. Though most…
Trademark and Internet : Domain Name and Dispute Resolution
An Internet domain name is an alpha-numeric mnemonic device that can be mapped onto an Internet Protocol ("IP") address to enable users to "surf the Web" more easily than if they had to remember the details of each IP address they wanted to visit. Black’s Law Dictionary defines domain names as “the…
Trademark Dilution - All Dolled Up
Now, who hasn’t heard of “I’m a Barbie Girl” by the Danish band Aqua? For those of you who have (quite fortunately?) not heard the song here’s a link to the video. If you, like me, were a kid of the 90s, you would instantly recall the hit song from being played to death on the radio and at every…