trademarks
Deemed Protection: Trademarks Act v/s Madrid Protocol
In today’s age, brand protection is of utmost importance. Now more than ever, people recognize the value of protecting their brands even beyond the jurisdiction of their home country. While the process of securing trademark protection across multiple countries can appear onerous, the Madrid…
The Force Awakens - CGPDTM's Recent actions on contractual staffs in Trade mark office
The Office of the Controller General of Patents, Designs, and Trade Marks (CGPDTM) is now grappling with a significant challenge following a judgment passed by the Calcutta High Court in the case of Visa International Ltd vs. Visa International Service. The judgment has cast doubt on the legality…
Bombay High Court Upholds Celebrity Personality Rights Against AI Exploitation: An Analysis of Arijit Singh v. Codible Ventures LLP and Others
In a recent judgment in the case of Arijit Singh v. Codible Ventures LLP and Others, the Bombay High Court addressed a legal dispute of infringement of personality rights through the use of AI. Personality rights, which holds the protection of an individual's identity, privacy, and dignity, are…
Standard of Proof of Use: A Practical Guide To Win Over Hearing Officers
In India, a trademark application can be filed either on a "proposed to be used" basis or by claiming prior usage of the mark in India. In view of opting to file an application based on prior use, an Applicant is required to include a User Affidavit along with their Form TM-A at the time of filing…
Deciphering Trademark Priority Claims in India: Challenges with Multiple and Partial Priority Claims
One of the key provisions of the Paris Convention for the Protection of Industrial Property pertains to priority applications, which allows trademark applicants to claim priority in a member country based on an earlier application filed in the home country. This principle, known as priority right,…
UNABLE TO REGISTER YOR TRUE BRAND DUE TO PRIOR IDENTICAL REGISTRATIONS? HERE’S WHAT YOU CAN DO
I think you would agree with me that protecting a brand has become increasingly difficult in this digital era, where originality is becoming a thing of the past. Recently, one of the most frustrating challenges awaiting brand owners at the time of filing a trademark application doesn’t seem to be…
Defending Your Brand: How to Use Social Media and E-Commerce Takedown Requests for Effective Trademark Protection
As brands have begun to increasingly rely on digital platforms to reach and engage with their target audience, the risk of unauthorized use of trademarks and the sale of counterfeit products has also grown. Unauthorized pages and posts on social media can dilute a brand’s goodwill and reputation…
‘Customer of Average Intelligence Test’ in the Digital Age: An Analysis of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd
A recent judgment in the case of Mountain Valley Spring India Pvt Ltd v. Baby Forest Ayurveda Pvt Ltd has reaffirmed several critical legal standards in trademark infringement and redefined the “customer of average intelligence and imperfect recollection” test considering the evolution of customer…
As Good As New! - Refurbished Goods: Guidelines and Implications
The Delhi High Court recently issued a significant judgment regarding the sale and rebranding of refurbished goods, particularly addressing disputes between Seagate Technology LLC and WD Technologies (“original manufacturers / plaintiffs”) against several Indian entities involved in the rebranding…
Email Service by the Trademark Registry: Effective or a Loophole for missed deadlines?
In an earlier blog, we discussed the significance of the Madras High Court’s decision in the case of Ramya S. Moorthy vs. The Registrar of Trade Marks, wherein the Applicant failed to receive the email service of the opposition notice from the Trademark Registry and, as a result, did not file the…