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However, unconventional trademarks challenge traditional concepts of visual representation, leading to significant complexities in their registration, protection, and enforcement. In the European Union, unconventional marks like smells and shapes were embraced through the EU Trademark Directive (1988). Jacobson Products Co.
Abstract In the changing landscape of intellectualpropertylaw, Trademarks have gone beyond the traditionally used symbols, names, logos to enhance the non-traditional identifiers. The trademarks act, 1999, references colour combinations in section 2(1)(m), 2(1)(zb), and 10(1).
The objective of these requirements is to guarantee the legitimacy of graphical representations of smell trademarks. CHALLENGES Olfactory markings have certain particular challenges under Indian trademarklaw. The difficulty of graphical representation is a big barrier.
19] Being able to distinguish one’s trademark falls at the centre of the trademarklaw, as otherwise, it is liable to be rejected under Section 9(1) of the Act. Sowmya Krishnan, Registrability of non-traditional trademarks: A critical analysis , 6 IJRAR 914, 916 (2019). 8] West Bengal State Warehousing Corporation v.
He was unmistakably aware of the nuances regarding colours in trademarklaw. 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 trademarklaw. Trademark Application No.:
As such a proprietary right is granted by way of registration of a trademark, whereby the owner of the mark or other parties granted a license to use the brand has the exclusive right to use it for the purpose of making money. Poma-Ex Products, 2017 SCC OnLine Bom 7470. [2] Poma-Ex Products, 2017 SCC OnLine Bom 7470 [3] Para 18.
Despite the judiciary’s efforts to address the concerns under current intellectualpropertylaws like copyright and trademark, the absence of relevant and specific provisions for the protection of personality rights has started to pose a serious threat. National Law School of India Review , 31 (1), 125–148.
As a trademarklaw firm, we represent a wide array of clients but predominantly focus on helping small business owners protect their intellectualproperty. In recent years, trademark scams have proliferated and become increasingly problematic, particularly for small business owners. About Erik M.
For instance, famous Bollywood actor Shah Rukh Khan has registered his name “Shah Rukh Khan” and the initials “SRK” as a trademark to protect his publicity rights. Publicity Rights Under Indian IP Law In India, there is no direct statute that governs publicity rights in the intellectualpropertylaw regime.
This historic ruling created a precedent for companies looking to protect their trademarks in the metaverse and sparked debate about whether Non-Fungible Tokens (NFT) are protected by intellectualpropertylaws.
Sunanda Bharti on the Michelin Stars and its interaction was trademarklaws. Bharti is a Professor of Law at Delhi University, and her previous posts can be accessed here. Image from here Mischief, Manifestation, and the Michelin Trademark! What is a Michelin Star in Terms of IntellectualPropertyLaw?
. § 1052(c) on registering marks concerning a living person without permission; this case has the possibility of altering trademarklaw significantly and allowing current events to be treated similarly to historic events from a trademark perspective. 1744 (2017), Iancu v. Japanese TrademarkLaw, Article 4(1)(viii).
But right to privacy only came to be recognised as a fundamental right in the year 2017 in the case of Justice K.S. Emerging Trends in Publicity Rights in India : An Analysis Under the IntellectualPropertyLaws in India, 2 CMET (2015) 74 Zacchini v. Puttaswamy (retd.) Union of India and Ors. Nonetheless, in R.
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