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Corporate Law : The Union Cabinet in its meeting dated 15.09.2020 gave the approval for signing the MoU with Denmark in the field of IP Cooperatio...
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Corporate Law : Trade Marks (Holding Inquiry and Appeal) Rules 2024 now in effect. New procedures for complaints, inquiries, and appeals under the...
Corporate Law : Explore the proposed Trade Marks (1st Amendment) Rules, 2024 by the Ministry of Commerce and Industry. Learn about adjudication pr...
Corporate Law : The common or generic names of the commodity contained in the package and in case of packages with more than one product, the name...
Corporate Law : It has been brought to the notice of the under signed that the documents submitted at the counter of the Trade Marks Registry, Mum...
Corporate Law : A registered trademarks agent may apply in Form TM-G for alteration of his name, address of the place of residence, address of the...
INTRODUCTION A trademark, one of the most important Intellectual property incorporates any word, name, image, or any mix, used , or expected to be used, in business to recognize the products of one producer or dealer from merchandise fabricated or sold by others and to show the wellspring of the products. It is an imprint […]
Well-Known Trademark: India > GENERAL UNDERSTANDING Well-known trademarks are outcome of substantial and widely used mark. The usage, recognition, goodwill and reputation including others factors are the governing criteria for a mark to acquire the status of well-known trademark. A well-known trademark enjoys a special protection than a registered trademark. A mark becomes well-known trademark […]
At the outset, it is important to note that the claim of the Plaintiff that ISKCON is a well-known trade mark is not disputed by the Defendant. It is clear that ISKCON is a coined trade mark of the Plaintiff, that is to say that the said term ISKCON did not exists prior to the Plaintiff’s adoption and use of the same.
Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. It can be a word, mark, logo, brand, symbol, packaging labels and wrapper, etc. used by manufacturers […]
Trademark means any word, symbol, logo, slogan, product packaging or design that identifies the goods or services from a particular source and differentiates the same from other business brands. In the present day and age, with people becoming more and more aware about their intellectual property rights, it has become a daunting task to choose […]
MSME / Traditional Business = Ignoring Intellectual Property Protection Is Winding Up Business Business has not changed but the way of doing the business has changed and infact the change is on fast track mode thanks to Technology. Due to this fast track mode, many of the traditional business who never changed the way of […]
In the present case, the dispute arose for the aforementioned reason as it is the case of the Plaintiff that the adoption of the deceptively similar expression Magical Masala by the defendant in the year 2013 for marketing their noodles amounts to passing-off.
The word Magic is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly over the said word Magic or Magical or their derivative as they are common to the trade. Therefore, it is incapable of being monopolised by any trader.
Trade Mark Registration Process Step 1: ♣ Click on the following link to start the registration procedure https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx ♣ Then register yourself by clicking on “New User? Sign Up” ♣ Then proceed for Registration, if you fulfil the following two requirements: ♣ Class II or III digital Signature from any of the Indian Certifying Authorities […]
Mark ‘ICAI’ which is the acronym of the Institute has acquired a distinctive character and as it exclusively considered to be associated with Identity of Institute of Chartered Accountants of India (ICAI).