IP and Legal Filings

NOVEMBER 1, 2023

Frank Schechter which says that a common (Generic) name can be registered by anyone, but no one has the exclusive right to that trademark, For instance, the renowned brand Apple has its trademark registered under various classes but the word ‘apple’ diluted under class 29 of the food category.

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IIPRD

JANUARY 7, 2025

In contemporary times, businesses in different fields such as the gaming industry, music industry, journalism, etc., AI AND TRADEMARK Trademarks give brand owners exclusive rights by identifying the source of goods or services. Now, all it takes to replicate the diligent effort of a trademark owner is a few AI commands.

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IP and Legal Filings

MAY 20, 2022

The registration of your product holds enormous significance as it ensures your mark isn’t misrepresented in the market, safeguards your goodwill, ensures control over advertising and branding, and the list can go on. Under The Trademarks Act 1999, a trademark if registered comes to be known as a registered trademark.

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IP and Legal Filings

APRIL 13, 2023

A trademark is used to set one trader’s products and services apart from another. Trademark means: A trademark is a right that is granted for a letter, number, word, phrase, sound, smell, shape, logo, picture and/or aspect of packaging. The more successful a business is the more valuable the trademark becomes.

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SpicyIP

NOVEMBER 18, 2024

Thou Shalt not Register Your Trade Union with a Name in the Likeness of My Trademark Reportedly, Samsung India is opposing the use of ‘Samsung’ in an application to register the trade union of it’s workers. The Court noted the expiration of the license and the respondents’ registered trademark rights.

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SpicyIP

OCTOBER 16, 2024

Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women. Colours help enhance mark recognition, offering a viable medium for brands to stand out amidst a congested flock and communicate their own unique identities to target consumers.

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IP and Legal Filings

SEPTEMBER 19, 2023

The process for registering a trademark in India begins with the filing of an application with the Intellectual Property India (IPI), the national trademark office. The application must include the details of the applicant, the class of goods or services for which the trademark will be used, and a representation of the trademark.

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The IPKat

APRIL 10, 2025

The wine brand has been around since the nineteenth century and its trade marks are well-known. This was a strict rule, tempered only by an exception for well-known pre-existing trade marks that were identical to the name of a specified region, who may continue to use that brand name if it meets certain conditions.

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SpicyIP

MARCH 9, 2025

Other Posts Call for Submissions: Indian Journal of Law and Technology [Volume 21] and IJLT Blog (Submissions on Rolling Basis) NLSIUs Indian Journal of Law and Technology (IJLT) is inviting submissions for Volume 21 of the Journal and the IJLT Blog, on a rolling basis. Read the post for more details.

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The IPKat

DECEMBER 22, 2024

If you are looking for some last-minute Christmas gifts, we have some ideas for you: Call for papers The Indian Journal of Intellectual Property Law, a student-run journal of NALSAR University of Law in Hyderabad, calls for papers for its 15th volume. The submission deadline is 31 March 2025. For further information please click here.

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IP and Legal Filings

JUNE 9, 2022

Trademark, and design are two very crucial kinds of IPRs which provide a certain extent of protection at their levels. There exist several IPRs and it is important to be aware of which one is suitable for your brand/ business. There are added benefits to each IPR that come along with their registration.

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IPilogue

AUGUST 30, 2021

Tiffany Wang is an IPilogue Writer, IP Innovation Clinic Fellow, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. The case, United States Patent and Trademark Office v. Patent and Trademark Office (“USPTO”). Generic words are not eligible for federal trademark registration.

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JD Supra Law

DECEMBER 7, 2023

Kilpatrick’s Chris Bussert, a senior counsel with more than 30 years of experience in helping clients protect and defend their most important assets and brands, recently wrote the article “The Presumption of Irreparable Harm After the Trademark Modernization Act of 2020: Have All Issues Been Resolved?” for The Franchise Law Journal.

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IP and Legal Filings

FEBRUARY 2, 2024

However, what would happen if business houses wanted to trademark the name of the god they worshipped? 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.

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Chicago-Kent Intellectual Property Journal Blog

FEBRUARY 6, 2024

1] These are accurate depictions of fast fashion; however, fast fashion brands are typically judged more harshly than luxury fashion … The post Trademark Infringement, Fashion, and Classism? appeared first on Chicago-Kent | Journal of Intellectual Property.

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SpicyIP

DECEMBER 2, 2024

Bournvita’s Sugar Rush Against ‘FoodPharmer’: An Unreasoned Injunction and a Clarification Without Clarity Recently, the DHC passed an interim injunction against the social media influencer ‘Food Pharmer,’ restraining him from disparaging Mondelez’s ‘Bournvita’ and ‘Tang’ branded products.

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IIPRD

OCTOBER 7, 2024

The legal frameworks surrounding IP, including the patents, trademarks, copyrights, and business enigmas bargain the startups the aptitude to protect their intellectual assets, ensuring their thoughts and the inventions are lawfully saved from unlawful use or imitation. The IPR in the startup sector continually starts with the Trademarks.

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JD Supra Law

SEPTEMBER 8, 2021

At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing. Originally published in Michigan Bar Journal - September 2021.

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LexBlog IP

JANUARY 22, 2022

We recently spoke with Omolara (Lara) Kayode about brand protection in Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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LexBlog IP

JANUARY 22, 2022

We recently spoke with Omalara (Lara) Kayode , about brand protection in Nigeria. Lara is a leader in Africa trademark law, and represents the interests of numerous international companies in counterfeit enforcement and brand protection matters. Why should international companies seek to register their trademarks in Nigeria?

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IPilogue

OCTOBER 27, 2021

Tiffany Wang is an IPilogue Writer, Intellectual Property Journal Editor, and a 2L JD Candidate at Osgoode Hall Law School. . . Intellectual property falls into the category of “intellectual assets”, including inventions, technologies, brands, software, designs, and process, among others. Photo by Olga DeLawrence ( Unsplash ).

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Biswajit Sarkar Copyright Blog

FEBRUARY 22, 2024

Defining Trademark A “trademark” is a mark which is used for a commercial purpose. It is also called a brand name because it contains names, symbols, logos, and taglines that help to identify and differentiate a company’s goods and services from those of others. How do trademarks function?

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IP Watchdog

OCTOBER 9, 2024

According to Pediatrics, a journal published by the American Academy of Pediatrics, the number of children under six years old who have consumed cannabis products surged by 1,375% from 2017 to 2021. As more states legalize recreational marijuana, the incidence of children accidentally ingesting cannabis edibles has also risen dramatically.

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Intepat

DECEMBER 1, 2023

For both individuals and businesses, trademarks stand as valuable assets, offering protection for unique brands, logos, and slogans. However, there are instances where an individual perceives that a trademark application by another person infringes upon their rights or interests. What is Trademark Opposition?

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Intepat

NOVEMBER 7, 2022

Trademark Registration Fees. When it comes to trademark registration fees in India, there are several essential things to keep in mind. The first is that the fee for filing a trademark application with the Indian Trademark Office (ITO) can vary depending on the type of trademark that you are filing for.

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Biswajit Sarkar Copyright Blog

JUNE 4, 2023

Whether it’s virtual reality experiences, in-app purchases, or digital assets, protecting your brand and creations with a trademark is essential. In this article, we will explore the process of obtaining a trademark for virtual goods and the importance of seeking guidance from a trademark and patent attorney in India.

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Intepat

JULY 12, 2021

In today’s fast-paced world, firms are increasingly employing unconventional types of trademarks in addition to conventional kinds of trademarks. The registration of unconventional trademarks is not new in India. With emerging sorts of trademarks, the law is still catching up. MOTION MARK UNDER TRADEMARK ACT.

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LexBlog IP

JANUARY 27, 2022

Trademark Class 41 involves entertainment and education services. As an overview, the United States Patent and Trademark Office (“USPTO”) divides all goods and services into 45 distinct categories (also called “International Classes”). Services are not within Trademark Class 41.

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Intepat

DECEMBER 4, 2023

In recent years, this economic potential has attracted global brands to expand into the Indian market. If you are a brand looking to establish a presence in India, your first step should be to secure your trademark and its associated rights. During the hearing, the applicant’s attorney presents arguments for acceptance.

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SpicyIP

NOVEMBER 29, 2021

A mention of Kaftans can be found under the Indian Geographical Indications Journal no.37 37 and Journal no. Mention in the Journal No. 37 is with respect to traditional Bagru Hand Block Print of Rajasthan, which is to be applied to Kaftans, and the one in Journal No. Mention in the Journal No.

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Technology & Marketing Law Blog

DECEMBER 27, 2021

Newspaper Can Talk About “Derby Pies” Without Infringing Trademarks–Rupp v. Courier Journal. Doubling (& Tripling) Down on Trademark Protection For Secret Menu Items–In-N-Out v. Food Flavor Can’t Be Trademarked (Even If The Baked Ziti Is Delicious)–NY Pizzeria v. Food Tastes Better When Branded “McDonalds”.

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LexBlog IP

FEBRUARY 26, 2023

I asked: “ What were the first trademarks? “ ChatGPT replied: The use of trademarks can be traced back to ancient times, when craftsmen and traders marked their goods with unique symbols or designs to identify their origin or quality. However, trademark protection in the U.S.

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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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Corsearch

AUGUST 30, 2023

We’ve put together a comprehensive glossary of trademark terms for both seasoned practitioners and those that are new to the field. Whether you’re interested in trademark screening, searching, clearance, registration, or watching, refer to this glossary of key terms to help you in your day-to-day role. B What is a brand?

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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? Syed Mohideen v.

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SpicyIP

SEPTEMBER 16, 2024

On August 14, the Delhi High Court passed the final judgment in a 23-year-old trademark dispute between Lacoste and Crocodile International. Samridhi is a final-year student at the Campus Law Centre, Faculty of Law, University of Delhi, and a graduate in Journalism from Lady Shri Ram College for Women.

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Patently-O

DECEMBER 4, 2022

Commentary and Journal Articles: Dr. Yini Liu: Does Innovation Success Reduce the Cost of Financing? Dr. Fred Bereskin, Dr. Po-Hsuan Hsu, Dr. Huijun Wang: Injunction Likelihood, Exploration in Branding and Innovation, and Market Value (Source: SSRN). Okada Patent & Trademark Office, P.C. Source: WIPO IP Portal.

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