Company Law : Even after incorporation, a company name can be changed if it conflicts with a registered trademark. Section 16 empowers the Gover...
Corporate Law : Learn the complete trademark filing process, from class selection to handling objections. Key takeaway: Proper preparation ensures...
Income Tax : Payments for sports sponsorship that grant global trademark usage can be split as royalty. Courts upheld withholding where tradema...
Company Law : Trademark law in India has undergone remarkable transformation over the past decade. Once considered a limited tool for brand iden...
Corporate Law : Indian law grants cross-class protection to famous trademarks like TATA and WIPRO, preventing misuse of well-known names across un...
Corporate Law : Beware of fraudsters soliciting money for IP applications. Report any suspicious claims to the office. Applications processed lega...
CA, CS, CMA : Company Secretaries in Practice are allowed to be registered as Trade Marks Agent under Rule 144 of the Trade Marks Rules, 2017, r...
Corporate Law : A writ petition is filed before Hon’ble Rajasthan High Court, Jodhpur while challenging the Circular dated 28.08.2020 being issu...
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...
Corporate Law : A trademark application is processed in accordance with The Trade Marks Act, 1999 and The Trade Marks Rules, 2017. 1. Application ...
Income Tax : High Court held that consideration received on transfer of self-generated trademarks before 1 April 2002 was not taxable as capita...
Corporate Law : The issue was whether the NCLT could declare ownership of a trademark during CIRP. The Supreme Court held that title disputes not ...
Corporate Law : Delhi High Court grants injunction against Franchise India Brands Ltd. and Ichakdana Food Services LLP for unauthorized use of 'Ra...
Company Law : Delhi High Court quashes Regional Director's order in Panchhi Petha name dispute, rules authority can't decide trademark ownership...
Corporate Law : Madras High Court dismisses KCP Infra's plea, upholds MCA order to change company name due to similarity with KCP Ltd.'s trademark...
Corporate Law : Government proposes draft amendments to Trade Marks Rules 2017 introducing a Code of Conduct, disciplinary procedures, and complai...
Corporate Law : Calcutta High Court put on hold a public notice restricting online legal advertising for trademark registration, keeping the issue...
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...
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).
