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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.

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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.

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

IP and Legal Filings

Non-conventional or Non-Traditional trademarks such as sounds, color, shape, scent or any other motion marks have emerged as a new innovative tools widely being used in the todays changing and competitive market era that redefine how brands connect with the public at large. Anchor Health & Beauty care Pvt.

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Can Tactile Marks Be Effectively Protected Under Trademark Law?

IP and Legal Filings

A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. These markings play a crucial role in differentiating brands and improving the customer experience. In 2003, the firm’s trademark in Germany was protected due to its distinctive design. are two examples.

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Trademark Infringement Get So “Lucky”

IP and Legal Filings

This popular case originated from a long-running legal dispute involving the Petitioner, Lucky Brand Dungarees, Inc. Lucky Brand), and the Respondent, Marcel Fashions Group, Inc. Lucky Brand claimed a defense against Marcel in the most recent case between the two, which it had not fully explored in a previous suit between them.

Trademark 105
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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

The single color or color combination of a product’s packaging can obtain Trademark Protection only if it is capable enough to be recognized by the general public as unique or belonging to a specific brand. 2003 (27) PTC 478 Del. It also encourages safeguarding the interests of the traders and consumers in the market.

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Are Motion Trade Marks Protected?

Intepat

The registration of unconventional trademarks is not new in India. The purpose of this article is to determine whether a motion mark is registrable under the current Trade Marks Act of 1999 (“the Act”). TOSHIBA recently applied for registration in India with an application number. INTRODUCTION. CONCLUSION.