Remove 2003 Remove Advertising Remove Registration
article thumbnail

Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

2] However, the quintessential reason for such distinction is due to a slightly elevated standard for the registration of non-traditional marks. Image Source : Shutterstock] The Trademarks Act, 1999 (‘Act’) refers exclusively to the registrability of ‘combination of colours’. [3] In this also falls the case of colour marks.

article thumbnail

Finding the Real “Burger King”: Identical Marks & Prior Use in the Pune Eatery Case

SpicyIP

However, the visual similarity was only a supplementary point in the Courts finding of infringement which was primarily based on the identicality of the business names, and their registration under the same classes. Sulochana Bai (2016) on priority in adoption superseding subsequent registration w.r.t. Additionally, in Pratibha M.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

article thumbnail

Modern Foods v. Modern Snacks: A Pragmatic Approach to Trademark Infringement Suit Injunctions

SpicyIP

The plaintiff’s case was a standard trademark infringement and passing off plea, founded upon its extensive advertisements, market share, goodwill and reputation and the defendant using a similar website and the word ‘MODERN’ in its marks.

article thumbnail

Can Tactile Marks Be Effectively Protected Under Trademark Law?

IP and Legal Filings

In 2003, the firm’s trademark in Germany was protected due to its distinctive design. 1] In 2006, the International Trademark Association, INTA, officially recognized the importance of tactile marks by adopting a resolution in support of the recognition and registration of these marks. are two examples.

article thumbnail

Beyond The Ordinary: The Rise in Use of Non-Conventional Trademarks in Pharmaceuticals Industry

IP and Legal Filings

This blog discusses the concept of non-conventional trademarks, its use in Pharmaceutical Industries, relevance and complexity surrounding the registration process under Indian Law. Section 9(1) (a) states that non–distinctive trademarks are not eligible for registration, which presents a challenge for single-colour trademarks.

article thumbnail

On Remand from the CAFC, TTAB Denies Petition for Cancellation of "NAKED" Registration for Condoms

The TTABlog

The NAKED condom case returned to the TTAB after a CAFC reversal [ TTABlogged here ] and the Supreme Court's denial of the registrant's petition for writ of certiorari (September 2021). Nor did respondent have advertising material or seek FDA approval. Nor did respondent have advertising material or seek FDA approval.

article thumbnail

Saving your Mark from Trademark Genericide

Kashishipr

Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications. One advertisement of ESCALATOR, for example, began as “Otis elevators, Otis escalators.” A catchy advertisement slogan may be risky for the trademark.

Trademark 105