Remove 2017 Remove Intellectual Property Law Remove Trademark Law
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Unconventional Trademarks: Balancing Innovation and Legal Challenges in a Competitive Landscape

Intepat

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.

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

IP and Legal Filings

Abstract In the changing landscape of intellectual property law, 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).

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Scent As A Signature: Examining the Role Of Smell In Trademark Recognition

IP and Legal Filings

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 trademark law. The difficulty of graphical representation is a big barrier.

Trademark 105
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Can Braille Be Registered As a Trademark?

IP and Legal Filings

19] Being able to distinguish one’s trademark falls at the centre of the trademark law, 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.

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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. Trademark Application No.:

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Trademark Dispute between FEVIKWIK AND KWIKHEAL

IP and Legal Filings

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.

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Anil Kapoor Vs Simply Life India & Ors: An Unwavering Assurance In Safeguarding Personality Rights Against Ai

IP and Legal Filings

Despite the judiciary’s efforts to address the concerns under current intellectual property laws 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.