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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

As a result, the rise of hypersensitivity to religion, religious texts, and religious symbols determines the jurisprudence around the utilisation of such marks under Indian trademark law, even if they are not strictly prohibited. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999. [7] 7] 2005 (3) AWC 2097. [8]

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. Court refused the registration for Philips Co.

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Vans v. FCB: Taking a Look at the Delhi High Court’s Restrictions on the Rights of Well Known Trademarks vis-a-vis Prior Use

SpicyIP

In this post, I have briefly discussed the judgement and analyzed what it could mean for the proprietors of well-known trademarks and other proprietors. The petitioner, Vans Inc, USA, filed for registration of their mark- VANS in 1992, on a ‘proposed to be used basis’. The mark was published in 2005 and was registered in 2006.

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Personal Names and Trademark Protection

Biswajit Sarkar Copyright Blog

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Registration of Famous Names.