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Characteristics and Qualities of Perfect Trademark

Corporate Law : Learn about the characteristics and qualities of a perfect trademark, including uniqueness, ease of pronunciation, memorability, a...

April 10, 2024 510 Views 0 comment Print

Understanding Genericide and Its Impact on Trademarks

Corporate Law : Learn about genericide in trademarks, its impact, and strategies to prevent it. Get expert legal advice from Compliance Calendar t...

April 2, 2024 276 Views 0 comment Print

Trademark Fashion Statements: Cultural Significance of Fashion Items & Accessories

Corporate Law : Explore the cultural significance of fashion items and accessories and the role of trademarks in safeguarding brand identity in th...

March 26, 2024 270 Views 0 comment Print

Trademark Disputes and Alternative Dispute Resolution 

Corporate Law : Discover how to navigate trademark disputes in India with alternative dispute resolution methods. Learn about ADR benefits and its...

March 18, 2024 633 Views 0 comment Print

Transfer or Assignment of Trademark

Corporate Law : Discover the process and types of trademark assignment. Learn about procedures, required documents, and benefits for a smooth tran...

March 18, 2024 327 Views 0 comment Print

Latest News

Company Secretaries in Practice can act as IPR/Trade Marks agent: ICSI

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...

May 18, 2023 3462 Views 0 comment Print

Rajasthan High Court Restrains Bureau of Indian Standard from interfering use of Trade Mark by Cement Company

Corporate Law : A writ petition is filed before Hon’ble Rajasthan High Court, Jodhpur while challenging the Circular dated 28.08.2020 being issu...

May 18, 2021 777 Views 0 comment Print

India, Denmark sign MoU on Intellectual Property cooperation

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...

September 26, 2020 378 Views 0 comment Print

Brief steps/stages for granting a trademark

Corporate Law : A trademark application is processed in accordance with The Trade Marks Act, 1999 and The Trade Marks Rules, 2017. 1. Application ...

September 22, 2020 585 Views 0 comment Print

ICAI Advisory on unauthorised use of Trademark ‘ICAI’

CA, CS, CMA : Mark 'ICAI' which is the acronym of the Institute has acquired a distinctive character and as it exclusively considered to be asso...

May 31, 2020 3069 Views 1 comment Print

Latest Judiciary

Trademark Disputes: Shyam Sel and Power Limited vs. Shyam Steel Industries Limited – A Case Study

Corporate Law : Dive into the Supreme Courts judgment in Shyam Sel & Power Ltd vs Shyam Steel Industries Ltd case regarding trademark infringement...

April 2, 2024 81 Views 0 comment Print

NCLAT Rules NCLT Can Decide Trademark Issues in IBC Cases

Corporate Law : Gloster Cables claims ownership of the GLOSTER trademark in a dispute with Fort Gloster during insolvency proceedings. Learn about...

March 3, 2024 246 Views 0 comment Print

Delhi HC Awards ₹12 Lakhs in Castrol vs. ‘Newcast Roi Racing’ Trademark Infringement Case

Income Tax : Explore the Delhi High Court's landmark judgment awarding ₹12 lakhs to Castrol in a deceptive trademark case against 'Newcast Ro...

February 26, 2024 408 Views 0 comment Print

Theobroma vs. Theos: Delhi High Court Resolves Bakery Trademark Battle

Corporate Law : The Delhi High Court settles the trademark dispute between Theobroma Foods Pvt. Ltd. and Theos Food Pvt. Ltd. Read the full judgme...

October 22, 2023 912 Views 0 comment Print

Bombay High Court’s Landmark Ruling on Trademark Use in Meta-Tags

Corporate Law : Discover groundbreaking People Interactive v. Gaurav Jerry case where Bombay High Court deems trademark use in meta-tags illegal, ...

October 4, 2023 7695 Views 0 comment Print

Latest Notifications

Draft Trade Marks (1st Amendment) Rules, 2024

Corporate Law : Explore the proposed Trade Marks (1st Amendment) Rules, 2024 by the Ministry of Commerce and Industry. Learn about adjudication pr...

January 2, 2024 1314 Views 0 comment Print

Comments invited for declaring two or more prime constituents of commodity on front side of package with Brand Name/ Logo

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...

August 16, 2022 513 Views 0 comment Print

Guidelines for submission of Cash/Non-Cash documents at Trade Marks Registry

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...

January 9, 2020 570 Views 0 comment Print

All about Trade Mark and Trade Mark Application in India

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...

March 6, 2017 12834 Views 0 comment Print

Process for trademarks made fully automated

Corporate Law : The process relating to generation & issuance of registration certificates for applications made for registration of trademarks ha...

July 28, 2016 19154 Views 0 comment Print

Use of words on a product package, even though they may not serve as brand names, would amount to infringement, if identical or similar to prior registered trademarks

May 8, 2012 810 Views 0 comment Print

If in the sale it becomes reasonably necessary for the manufacturer of adaptable goods, to refer to the trademark of the relatable goods, such reference would not amount to an infringement of the trademark under which the relatable goods are sold, but has misapplied the evidence on record. The error committed is by proceeding upon the premise that the evidence establishes that the respondent manufactures gaskets specifically for the special sizes of pressure cookers manufactured by the appellant, ignoring that the evidence is to the contrary

Non-brand use amounts to trade mark infringement

May 8, 2012 1919 Views 0 comment Print

The Court held that even if the defendant genuinely intended using the mark only to describe the aroma of the products, it would make no difference if the use of the mark is likely to be taken as a use as a trademark. The use of a registered trademark would constitute an infringement if it indicates a connection in the course of trade between the person and his goods.

Damage for unauthorized trademark use can be claimed only on submission of proof of damage

February 3, 2012 360 Views 0 comment Print

In the 1st week of October, 2009, the petitioner came to know that the respondents have infringed its trademark by using the word ‘Arnimax’ on its products coupled with the trade dress and thereby has infringed the registered trademark and passed off its products as that of the petitioner. Accordingly, C.S. 360 of 2009 was filed and an interim order passed on 19th February, 2010 restraining the respondent from dealing with, offering for sale, advertising, marketing or publicising the impugned trademark ‘Arnimax’. Such order was continued on 8th April, 2010 and direction given for filing affidavits. An affidavit has been filed and a No Objection Certificate dated 9th December, 2002 has been relied upon by the respondent. Such No Objection Certificate was given by one Das Homoeo Laboratory (P) Ltd. No certificate of the petitioner has been produced. In fact on a comparison of the signature of the person who is the signatory to the certificate with the signature in the Indenture of Lease dated 25th March, 1988 the said signature will not tally. The licence given to Das Homoeo Laboratory (P) Ltd. by the owners of the registered trademark did not include the registered trademark ‘Arnimax’. Therefore, neither Das Homoeo Laboratory (P) Ltd. nor anyone deriving a right thereunder could have issued the No Objection Certificate. No document evidencing sale, registration or user has been produced by the respondent therefore the case of infringement made out subsists and the order dated 19th February, 2010 and subsequent orders passed be confirmed.

‘Red Label’ cannot be trade mark as words are common to the trade and not distinctive

January 10, 2012 4244 Views 0 comment Print

Hindustan Unilever Limited Vs Girnar Exports (IPAB)- The four appeals are against the orders passed by the Deputy Registrar, Trade Marks at Chennai in three proceedings and the Deputy Registrar at Kolkata in one. The mark is Red Label. Application No. 397359 is for registration of the mark which is a label consisting of the word Red Label with a colour scheme of red and yellow in Roman and Arabic character in respect of tea (Class 30) which is the subject matter of TA/47/2003/TM/CH.

Online Public Search of Trade Marks before incorporation of Company

December 24, 2011 4629 Views 0 comment Print

In order to provide enhanced services to its stakeholders, MCA in a joined up service with the Trademark department has provided a facility for searching the trademark database before applying for Name availability. You can now use the link ‘Public Search of Trade Marks’ available on the MCA21 portal before applying for a company name to verify that the name is not subjected to any trademark or pending for trademark registration.

126102 Trade mark Disputes are under opposition and pending and 8183 files are missing

August 8, 2011 372 Views 0 comment Print

Pending Trademark Disputes The number of trademark dispute applications/files, which are under opposition and pending in the various offices of the Trade Marks Registry, is as under:-

Delhi High Court restrains Trans Tyres from using Chinese firm’s trademark

April 27, 2011 8860 Views 0 comment Print

Providing relief to a Chinese company, Double Coin Holdings Ltd, the Delhi High Court has restrained Trans Tyres (India) Pvt Ltd from selling tyres and tubes bearing the brand name ‘Double Coin’. Trans Tyres is a selling agent of the Chinese company and has got registration of trademark ”Double Coin” for tyres and tubes in India in its name.

Govt to reconstruct 44000 missing trademark files

April 22, 2011 630 Views 0 comment Print

The government today said it will issue a public notice by next week to reconstruct 44,000 missing files from the trademarks office. The files will be reconstructed as per an undertaking given by the Controller General of Patents, Designs and Trademarks to the Delhi High Court which had issued directives in this regard.

Bombay HC division bench dismisses Cadila Pharmaceuticals’ appeal in trademark case

April 19, 2011 2329 Views 0 comment Print

Cadila Pharmaceuticals Limited. vs Sami Khatib Of Mumbai (Medley Pharmaceuticals Limited). A division bench of the Bombay high court last week dismissed the appeal of Cadila Pharmaceuticals against the judgement of a single judge bench restraining Cadila from manufacturing, marketing or exporting medicinal preparations under the trade mark “Hb TONE”/ “HB TONE” or any other mark deceptively similar to the trademarks of another company, Medley Pharmaceuticals, namely “ARBITONE”, “RB TONE” or “HB RON”. The complaint was that Cadila was “passing off” the products with similar names.

New Trademark Rules (search gets free and Application gets costly)

January 19, 2011 171 Views 0 comment Print

Intellectual Property Office has also issued the public notice that “The fee for filing of application to register a trade mark for a specification of goods or services included in one class has been increased from Rs.2,500/- to Rs.3,500 /-. The abov