Trademarks
Understanding the trademark distinctiveness spectrum
The primary purpose of a trademark is that it serves to distinguish the goods or services of one person from those of another. If a mark is not distinctive, it could lead to confusion in the minds of consumers and deceive them as to the origin of the product or service it represents. To prevent…
Caught in the cross-hairs of the WIPO & Indian Trademark Office
The procedure and timeline to obtain registration for a trademark have evolved over time. After the amendment of 2017, the entire timeline has become quite stricter and quicker. We have all seen a lot of positive changes happening in the IP regime, however, there are still areas where we lag and…
What’s in a Surname – Trademarking Surnames
Surnames & Trademarks Businesses in India have often been started by using the surname or family name of the person starting such business. This practise has been followed in India for a very long time and such practice of adopting a surname for the name of the business is done purely so that…
Designating India in your IR trademark application with the ® Registered symbol
Time upon time, the significance of the ® (registered symbol) and the ™ symbol have been reiterated in our posts in our blog. The basic picture being ™ can be used with a trademark by entities to showcase and declare that the said mark is being used by the Applicant as a trademark in respect of…
Voluntary cancellation of trademark registration in India
Registration of a trademark in India is granted for a period of 10 years from the date of filing the application in India. The trademark registration can be renewed every 10 years infinitely. Voluntary cancellation of trademark registration in India There are several occasions when the…
Understanding the Scrutiny Report or Discrepancy Notice issued by the Trademark Office in India
Scrutiny Report or Discrepancy Notice If the Trademark Office finds that any documents/forms submitted with respect to a trademark application require additional clarification and substantiation by document submission or the appropriate documents have not been filed, a notice is issued detailing…
FAQ's about USE of a trademark in India
Concept of USE of a trademark in India - Frequently Asked Questions The “USE” of a trademark in India plays a very important role in obtaining the registration of a trademark in India, prevail in opposition proceedings and to effectively enforce the rights of the trademark in India. In this post,…
Trading Trademarks – Assignments, Mergers, and Transmissions
Assignments, Mergers, and Transmissions of trademarks Trademarks, like all intellectual property, are an integral part of a modern business’ assets. It is not uncommon nowadays for the value of a business’ IP to far exceed its physical assets. Like any asset, trademarks can also be bought, sold,…
Trademark registration in Maldives - FAQ's
Protection of trademark in Maldives is by way of publishing a caution notice in the local newspapers in circulation in Maldives. We have tried to address the frequently asked questions (FAQ’s) from our Clients about the trademark registration in Maldives in this post and hope you find this…
Sri Lanka’s accession to Madrid Protocol
Sri Lanka, an island country located in the Indian Ocean, is a mesmerizing place with captivating scenery. However, little is known about its Intellectual Property practice. The National Intellectual Property Office (NIPO) is responsible for the administration of the Intellectual Property System in…