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Disparaging, Immoral, and Scandalous Trademarks: Just Because You Can, Doesn’t Mean You Should

JD Supra Law

At a Glance - Even though the Supreme Court has paved the way for brands to register trademarks that may be considered disparaging, immoral, or scandalous, brand owners are reversing themselves and voluntarily changing. Originally published in Michigan Bar Journal - September 2021.

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Can’t sue for trademark infringement, but passing off remains an option if trademarks of both parties are registered rules Kerala High Court

Selvam & Selvam Blog

the registered owner of the trademark “Chandrika,” in respect of goods covered in class 3, and M/S Mariyas Soaps and Chemicals, the registered owner of the trademark “Chandra” in respect of goods covered in class 3. Can the registered trademark owner seek relief based on passing off?

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Trademark Filing Process of Australia

IP and Legal Filings

The more successful a business is the more valuable the trademark becomes. IP Australia will review applications to make sure the desired trademark complies with the Trade Marks Act of 1995 and is not in conflict with any already registered trademarks. Applications can be filed on paper or online. Step 2 Application 1.

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Unveiling Trademark Dilution from Scratch to Denouement

IP and Legal Filings

Although the statute does not consist of this word specifically, an interpretation to Section 29(4) of the act refers to this concept of dilution which states that a trademark should be a well-known trademark and have a reputation in India for the application of this section. The injured mark must have a reputation in India.

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A Comprehensive Guide on How to File Trademark Oppositions

Intepat

Any entity spotting an identical or similar trademark in the Trademark Journal can file an opposition to its registration. The Trademark Act, 1999, and the Trade Marks Rules, 2017 (“Trade Mark Rules”) outline the trademark opposition process.

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Overview of Trademark Opposition in India

Kashishipr

Upon receiving the trademark application and going through a successful examination process, the Registrar publishes the proposed trademark in the trademark journal. Any individual or entity can file an opposition against the proposed trademark published in the trademark journal.

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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.