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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. 6] Section 9(2)(b) of the Indian Trademarks Act, 1999. [7] Lal Babu Priyadarshi [9].

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Honesty as a Defense vis-à-vis Trademark Infringements: Principle or Provision?

SpicyIP

Image from Rick Harrison, here Our readers may be aware of Section 12 in the Trademark Act 1999 which allows the registration of identical or similar trademarks by more than one proprietor in case of honest concurrent use of some special circumstances. Rather, it can be invoked as an active defense against an infringement suit.

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Trademark Infringement in the Digital Age

IP and Legal Filings

Using trademarks in domain names, linking, framing, meta-tagging, and framing are a few methods that could lead to trademark challenges. Cybersquatting is another type of trademark infringement. A fundamental tenet of trademark law is to avoid consumers being confused about the origin or source of products or services.

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The Law Of Trademark In India: Infringement And Remedies

IP and Legal Filings

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act.

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The Law Of Trademark In India Act 1999: Infringement And Remedies

IP and Legal Filings

As a result, the logo and name are registered as trademarks under the act of 1999 to protect the brand name and value. Trademark Infringement. The trademark legislation of 1999 protects Indian trademarks. Certain conditions are not deemed trademark infringement under Section 30 of the Trademark Act.

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Personal Names and Trademark Protection

Biswajit Sarkar Copyright Blog

Section 9(1)(a) 1 of the Indian Trademark Act, 1999 mentions lack of distinctiveness in the mark as one of the grounds for refusing registration of the mark. However, in India, there are numerous family enterprises where personal names and surnames have been registered as trademark. Registration of Famous Names.

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Registrability Of The Two-Letter Wordmark

IP and Legal Filings

Instead of showing two or more letters as letters in and of themselves, the letters might be entwined or interwoven into a single device, formed into a monogram, which is prima facie registrable as a device. Registrability of letters or numerals as wordmark. Additionally, letter marks have an aspect of pronouncability. Jewellers Pvt.