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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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Well Known Trademarks

IP and Legal Filings

However, the Delhi High Court recently declared that the stylized “H” mark of French luxury brand Hermes International qualifies as a “well-known trademark” under the terms of section 2(1)(zg) of the Trademark Act, 1999 (hereinafter, the act). This is the extra protection that a brand obtains after being named Popular. 264/2008. [vi]

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Effect Of Non-Use Of Trademark

IP and Legal Filings

As a result of this, the consumer start recognising the product due to its strong reputation and constant quality which helps the producer itself, this helps to determine the origin of goods or services provided by a producer or the service provider and functions as an advertising tool. trademark on the grounds of 22 years of non-use.

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Understanding Copyright, Trademark and Halloween Costumes

Plagiarism Today

The name Beetlejuice, for example, has multiple registered trademarks related to it including registration number 4863369, which covers the use in “Clothing for men, women and children…”. They are part fashion, part artwork, part branding and part character. Trademark infringement, however, isn’t like copyright. Bottom Line.

Copyright 245
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Copyrightability Of Designer Clothes And Costumes

IP and Legal Filings

Unlike other forms of IPR, copyrights subsist in works from the moment they are expressed in fixed form irrespective pf whether or not you have applied for a registration. Visibly, the most imitated brands around the world are Gucci, Louis Vuitton, Chanel, Michael Kors, Coach, Nike, Rolex etc.

Designs 93
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Journey Through “Octobers” on SpicyIP (2005 – Present) 

SpicyIP

The Recording of Court Proceedings in 2008: In October 2008, Mihir discussed a case in the Supreme Court that considered recording its proceedings as a move toward judicial transparency. For collective marks, he argued that out of 10 collective mark registrations he examined, 9 were granted erroneously.

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[Guest post] Retromark Volume XI: the last six months in trade marks

The IPKat

Given that finding and clearing a new brand purely from a legal perspective can take months, it is interesting to note that when a Defendant loses an infringement case it will almost certainly be ordered to rebrand within days, weeks at the most. The parties were back in court in January for a form of order hearing.