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Can Tactile Marks Be Effectively Protected Under Trademark Law?

IP and Legal Filings

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Saving your Mark from Trademark Genericide

Kashishipr

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. Interestingly, in these cases, the trademark owner itself/himself misused the trademark as the generic name of the product in advertising and Patent Applications.

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

SpicyIP

Applying Section 34 on Prior Use Decided on a similar factual matrix in Syed Ghaziuddin v PepsiCo (2019), a Hyderabad court noted that while PepsiCo secured trademark registration for manufacturing soft drinks back in 1985, it did not initiate such activity until 2003. Relying on Syed Mohideen v P.

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Can A Single Colour Mark Acquire Registration In India?

IP and Legal Filings

He was unmistakably aware of the nuances regarding colours in trademark law. Broadly speaking, trademarks are of two types: traditional and non-traditional. [1] Notwithstanding the essence of this finding, this is too narrow an interpretation of the true spirit of trademark law. 2003) 27 PTC 478 at para 63.

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

IP and Legal Filings

The Trademark law in India, known as Trade Marks Act, 1999, comes into force according to the rules established under the International Principles laid down in TRIPS (Trademark-Related Aspects of Intellectual Property Rights Agreement).

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5 Landmark Trademark Infringement Cases of 2022

Intepat

The year 2022 has been an extremely important year for the development of trademark jurisprudence in India. There have been various landmark judgements which have not only highlighted cardinal principles of trademark law but have also given a nuanced understanding of how Courts interpret statutory trademark provisions.

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If “Trespass to Chattels” Isn’t Limited to “Chattels,” Anarchy Ensues–Best Carpet Values v. Google

Technology & Marketing Law Blog

It’s not possible to “trespass” an intangible asset; any legal protection for the asset comes from contract law (but the plaintiffs gave a license) or IP law, such as copyright law, which the plaintiffs aren’t invoking. Citing a 2003 Ninth Circuit case, Kremen v. It didn’t. Implications.

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