Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it. However, to establish the colour as distinctive for a trademark would require a thorough and meticulous strategy even for Gucci.

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Selvam & Selvam Blog

JULY 28, 2023

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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Trademark Registering Trademarks Registration Marketing 52

Kashishipr

FEBRUARY 9, 2022

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. Market research helps come across the already existing inventions that may be similar to the applicant’s invention. .

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Intepat

JUNE 19, 2024

Intellectual Property is often aligned with a set of intangible assets including invention & creation and when it comes to trademark prosecution it is highly crucial to substantiate your creation with appropriate supporting documents to make your case strong. How Does Evidence Shape Trademark Prosecution?

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Kashishipr

MAY 18, 2022

Being a mixed market, India has many industries operating under the free market concept. Without any doubt, the competition in the Indian markets is exceedingly fierce. For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value.

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Kashishipr

JANUARY 12, 2022

Therefore, the prime role of such hashtags needs to be assessed in line with the Trademark Law to deduce whether they qualify for trademark protection. The trend of incentivizing hashtags as trademarks began way back in 2010, and since then, the filing of such Trademark Applications has spiked globally.

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Selvam & Selvam Blog

JUNE 24, 2024

Issues: The major issue to be decided by the Court was if the sale of refurbished HDDs, after removing the original brand names and repackaging them with the refurbishers label would constitute trademark infringement under the Trade Marks Act 1999 (‘Act’). Sale of those goods in the market or dealing those goods by that person.

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Kashishipr

SEPTEMBER 22, 2021

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. What is Trademark Licensing? Exclusive License.

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Kashishipr

OCTOBER 12, 2022

Owning a trademark undoubtedly counts as one of the most valuable and crucial assets for every business company or organization. Hence, it becomes imperative not to stay ignorant about a Trademark Assignment. Moreover, trademark assignment proves to be beneficial for both parties involved. Overview of Trademark Assignment.

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Intepat

MAY 28, 2024

Trademark dilution is like death by a thousand cuts, and it is crucial to prevent the first cut. Apple’s smart business strategies have successfully upheld the validity of its trademark, preventing it from being diluted. Notably, Apple trademarked its store design in the United States in 2011.

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Kashishipr

OCTOBER 19, 2022

The Trademark Rights have clearly explained the essentials and attributes of a trademark. A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. Salient Attributes of a Trademark.

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Garrigues Blog

NOVEMBER 6, 2023

The General Court of the European Union recently refused to allow registration of the “BECAUSE THERE IS NO PLANET B” mark for cosmetic products, stationery and other accessories, holding that it lacked the distinctive character required for the general public to identify it as a trademark.

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Technology & Marketing Law Blog

JANUARY 2, 2023

Also, did the law ban delivery services from buying keyword ads based on the retailers’ trademarks? June 6, 2022): No initial interest confusion when the plaintiff’s trademark is included in the post-domain name URL. * Plaintiff therefore successfully states its trademark claims. * Compare Left Field Holdings v.

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IPilogue

FEBRUARY 14, 2022

Comparative advertising is an effective marketing technique, in which a company’s product or service is compared to its competitor’s. In 2019, Quebec wine producer Société de Vin Internationale Ltée (“SVI”) faced a copyright and trademark infringement claim raised by its competitor, Constellation Brands U.S.

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Advertising Advertising Trademark Branding 105

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. Use a clear process Consistent use is how an identifier gains recognition through wider exposure, after all.

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Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits. Procedure of Registration.

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Kashishipr

APRIL 6, 2022

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection.

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Registration Trademark Intellectual Property Branding 105

IP Tech Blog

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now. In such cases, a trademark registration in Classes 09, 35, 41 and 42 can be decisive.

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Kashishipr

SEPTEMBER 7, 2022

The Trademark Laws of different nations prevent third parties and entities from using a Registered Trademark , which is undoubtedly crucial considering the amount of time, money, effort, and hard work that goes into building a widely recognized and viable brand name. Understanding the Secondary Meaning of Trademark.

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IPilogue

FEBRUARY 28, 2022

Interestingly, another battle regarding the Gruyère trademark is happening in North America. However, the fate of the Gruyère trademark in Canada is still up in the air. However, the fate of the Gruyère trademark in Canada is still up in the air. However, SCU did not give up.

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Traverse Legal Blog

JULY 14, 2022

There are three distinct elements necessary to establish a trademark infringement claim; use, in commerce and likelihood of confusion. Once you have determined that your trademark is likely being infringed, there are a few different enforcement options you can pursue. Were you using your trademark before the alleged infringer?

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Kashishipr

DECEMBER 15, 2021

Trademarks indicate the origin of a product. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have an inherent or acquired distinctive character. Representation of the shape marks is shown below: Ferrari’s Trademark Loss.

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Technology & Marketing Law Blog

OCTOBER 17, 2022

GmbH has registered trademarks in the dictionary word “Emoji.” As I previously documented , Emojico has likely sued about 10,000 defendants for trademark infringement. The trademark registrations discourage that outcome. TRADEMARK INFRINGEMENT. ]. The court says it.

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Garrigues Blog

OCTOBER 17, 2023

A Supreme Court ruling last 13 July establishes that the mere possession of counterfeit products and their display for sale entails “reputational damage” for the protected trademarks concerned. Additionally, the greater the prestige of a trademark, the greater the level of protection that that sign should deserve to obtain from the courts.

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Kashishipr

JUNE 4, 2021

The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. Can we Trademark QR Codes? However, if you incorporate a QR code into a logo, you can file a Trademark Application to register that logo. Judicial Viewpoint.

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Selvam & Selvam Blog

AUGUST 28, 2023

FAO(OS)(COMM) 2 of 2022), involved a dispute as to whether displaying/ encouraging the use of a registered trademark of the Respondent to display third party’s website links, which were infringing the Respondent’s trademark, amounts to infringement. DRS Logistics (P) Ltd., (FAO(OS)(COMM)

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LexBlog IP

MARCH 23, 2022

More and more companies are entering the Metaverse leading to a trend towards increased filings of trademarks in the “virtual” classes. This blog has reported on this trend here and here. Why you need new trademark registrations now. We are here to help you. We are happy to guide you into this unchartered territory.

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IP and Legal Filings

MAY 8, 2024

Introduction The labyrinthine world of trademark disputes often unveils intricate legal debates and subtle nuances, where the discerning eye of the judiciary must navigate through layers of visual, phonetic, and structural intricacies. The plaintiffs have obtained registration in respect of their trademark in Class-33.

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Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. The registration of a trademark grants the exclusive right to use a particular sign to identify a good or a service in the market and prevent others from using it without the appropriate authorization. Let’s take a look.

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IPilogue

SEPTEMBER 16, 2022

After a lengthy 22-year trademark battle with Chinese businessman Fang Yuzhou, London-born shoe company Manolo Blahnik has won the legal right to use their name in China. Manolos have never been sold in mainland China because Yuzhou registered the trademark “Manolo & Blahnik” in 1999 in China. China’s Trademark System.

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Kashishipr

SEPTEMBER 20, 2021

The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High Court, alleging Copyright and Trademark Infringement. In May 2007, the label mark ‘SOYA DROP’ was registered. Since then, it has been continuously used and has even acquired reputation and goodwill in the market. Concluding Remarks.

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Biswajit Sarkar Copyright Blog

JANUARY 17, 2022

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. Personal Names As Trademark.

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Garrigues Blog

SEPTEMBER 29, 2021

Trademarks displayed in audiovisual works can be a real headache if the associated legal aspects fail to be taken into account. Both Spanish and European trademark laws and case law have shed some light in this regard. It is common practice in the audiovisual world to be particularly careful with any trademarks displayed on screen.

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Trademark Trademark Law Television Registering Trademarks 52

IP and Legal Filings

MAY 19, 2022

Trademark enables such companies to accomplish some major goals which lead to becoming successful organizations and instituting their name. This blog will explain all of such advantages. The facility of trademark registration is a herald of ensuring legal security for start-ups. Picture Credit: Istockphoto].

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Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

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Kashishipr

AUGUST 24, 2022

Therefore, to protect your business in the hospitality industry, you must seek protection via Intellectual Property Rights (IPRs) , specifically by registering your hotel or restaurant brand name and logo as trademarks. Relationship between Trademark Law & the Hospitality Industry. Trademark for the Taj Mahal Palace Hotel.

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