article thumbnail

Can Tactile Marks Be Effectively Protected Under Trademark Law?

IP and Legal Filings

INTRODUCTION For a long time, logos, names, and jingles have been the mainstays of trademark law. A recent trend in branding, however, is the use of non-traditional trademarks such as haptic markings. Tactile marks, to benefit fully, require international harmonization of trademark laws. Trademark – India.

article thumbnail

The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

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. 4] Section 9(2)(b) of the Indian Trademarks Act, 1999. [5] Encyclopedia Britannica.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

Reading List: morality and trademarks in South Asia

43(B)log

As a result, religious independence and mother-tongue/linguistic independence are highly valued in these countries, and are the context by which the morality of trademarks within the borders of these countries are assessed. Each sought to create a space where their cultural and religious identities were represented fairly.

article thumbnail

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. Research on the distinctiveness examination criteria of scent trademarks. Science of Law Journal, 2(11), pp.48-51.

Trademark 105
article thumbnail

Analysing Trademark Infringement In Light Of Mcdonald’s V. Maccoffee

IP and Legal Filings

If the trademark is found to be eligible, it will be published in the Trademarks Journal, and any interested party will have a chance to oppose the registration. If there are no oppositions, or if the opposition is unsuccessful, the trademark will be registered, and a certificate of registration will be issued.

article thumbnail

SpicyIP Weekly Review (November 11-November 17)

SpicyIP

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. Instead, the respondent has at the threshold itself refused to register the appellant’s trademark.

Trademark 105
article thumbnail

Impact of AI on Global IP Systems

IIPRD

In contemporary times, businesses in different fields such as the gaming industry, music industry, journalism, etc., use Artificial Intelligence for the creation of content.

IP 98