Kashishipr

APRIL 6, 2022

Under the Indian Trade Marks Act of 1999 , if a sound is or has become a distinctive or unique symbol associated with one undertaking, it will be eligible for obtaining Trademark Registration. This article shall discuss the foundations of sound trademark registrations in India while giving examples of widely known sounds trademarks.

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Kashishipr

MARCH 2, 2022

Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. Therefore, even after a trademark office grants you your exclusive trademark rights, you must do your part to safeguard such rights well.

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Registering Trademarks Trademark Registration Trademark Law 105

Biswajit Sarkar Copyright Blog

JANUARY 10, 2023

What is a registration of trademark? Trademark registration is not a mandate under the Indian trademark law, however it is advisable to go for a registration for certain reasons. Under Section 31 , the registration certificate of the trademark serves as an evidence during infringement lawsuits.

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Intepat

DECEMBER 4, 2023

With an increasing number of countries joining this unique international trademark registration framework, the World Intellectual Property Organization (WIPO), a specialized United Nations agency in Geneva, has administered over a million trademark registrations worldwide.

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Registration Trademark Intellectual Property Registering Trademarks 52

IP and Legal Filings

JUNE 14, 2023

When used in a marketing context, the brand has two primary goals: first, to represent the company in public to create maximum awareness and recognition for the organization and its business proposition. The expenses associated with trademark registration pale in comparison to this.

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Kashishipr

FEBRUARY 9, 2022

In the present highly competitive business environment, understanding the market trends well is imperative for the development, and eventually, the success of a particular product or service. Market research helps come across the already existing inventions that may be similar to the applicant’s invention. .

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Patent Trademark Blog

MAY 9, 2023

While I’ve discussed how to file foreign trademark applications , let’s dig into the why question. That means a US trademark registration does not provide the trademark owner with rights outside the United States. Need to register your trademark in a foreign country? IP rights are territorial.

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IP and Legal Filings

JUNE 9, 2022

There are added benefits to each IPR that come along with their registration. Registration is the procedure of filing a particular mark/ name under the respective authority of legal statutes. Registration thus provides legal benefits and protection as well as special exclusive rights to the proprietor of the registered IPR.

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Selvam & Selvam Blog

JULY 28, 2023

The court’s ruling sheds light on the rights and limitations of registered trademark owners and the grounds for seeking relief in cases of similarity between registered marks. a well-known company, has been marketing ayurvedic soaps under the trademark “Chandrika” since 1940. Syed Mohideen v.

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Kashishipr

DECEMBER 1, 2021

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. Such ‘proof of use’ can also be demanded by the proprietor of trademark registration being relied upon as the basis of an infringement action.

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IP and Legal Filings

JANUARY 27, 2023

In a larger sense, trademarks stimulate initiative and entrepreneurship by providing their owners with renown and financial reward. Trademark protection also prevents unscrupulous rivals, such as counterfeiters, from using similar unique marks to market inferior or unrelated goods or services.

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Kashishipr

MARCH 30, 2022

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article).

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Trademark Registering Trademarks Registration Intellectual Property 105

IPilogue

SEPTEMBER 16, 2022

Resultantly, Manolo Blahnik has lost significant sales, as China is the fastest growing luxury market. China’s Trademark System. Historically, China’s trademark system was based on a “first to file” rule , meaning that the exclusive right of a trademark is awarded to the registrant who first applies.

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IP Tech Blog

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement? Tsingtao’s choice.

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IP and Legal Filings

SEPTEMBER 19, 2023

Once the application is filed, it will be examined by the IPI to ensure that it meets the requirements for registration. 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.

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SpicyIP

MARCH 10, 2024

Image from here In the case of Sterling Agro Industries Limited vs ASR Trading Company , the Delhi High Court while dealing with a trademark infringement suit, imputed mala fide intention to ASR Trading’s (the Defendant) act of applying for a trademark registration. His previous posts can be accessed here.

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43(B)log

AUGUST 19, 2021

It filed an application to register CASPER as a trademark in connection with blockchain technology; the registration issued in November 2020. Zamfir alleged that CasperLabs had agreed to register the marks on his behalf and to transfer the marks to him, but didn’t do so; CasperLabs denied any such agreement.

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Kashishipr

MAY 18, 2022

Being a mixed market, India has many industries operating under the free market concept. Without any doubt, the competition in the Indian markets is exceedingly fierce. For any company to thrive and do exceptionally well in the open market, it must create brand recognition among the general public and enhance the brand value.

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The IPKat

DECEMBER 14, 2023

Stephen further stated that he was in the process of registering the word for advertising and media business with the aim of providing marketing, branding, and related services, there was a lot of interest in the possibility of registering such a term. Should it not be the chant that may be copyright-protected as a musical work?]

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IP Service Mark Cease and Desist Registration 83

Kashishipr

JULY 20, 2022

Although this may sound quite encouraging and motivating for those with original ideas, many famous brands out there are accused and widely recognized for being copycats in the market and, unfortunately, making a lot of money. The stories feature on Instagram is the same as that of its rival and competitor in the market, Snapchat.

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Branding Brands Branding Marketing 52

azrights

OCTOBER 27, 2023

What can go wrong when trademarks are not used consistently is apparent from a 9 year trademark dispute between Lacoste and Crocodile in New Zealand which concluded in 2017 with Lacoste losing its crocodile trademark. In Lacoste’s case the registration gave it a broad monopoly over the concept of a crocodile design.

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Kashishipr

JANUARY 5, 2022

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement , remedies for damaged goods, and modes of transference of a Registered Trademark.

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Biswajit Sarkar Copyright Blog

JANUARY 22, 2024

Need for Protection of Personal Name Harnessing a renowned person’s name in marketing not only seizes the public’s attention but also kindles curiosity, generating interest in the associated products and services. An effective solution to address this concern is the formal registration of a celebrity’s name as a trademark.

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Garrigues Blog

JULY 10, 2023

The use of a trademark is crucial to preserve the rights in the mark. However, whereas in the US the statement of use is essential to maintain the registration, in the EU, it does not exist. In other words, it could be said that it is the first commandment of trademark law. Let’s take a look.

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Trademark Registration Registering Trademarks Intellectual Property 40

Intepat

JANUARY 10, 2023

By registering the trademark, a company’s products and services are easily recognised by the general public. Even though trademark registration is not mandatory, having a registered trademark has a number of advantages. This brings us to another important aspect, i.e., consumer trust.

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Kashishipr

OCTOBER 12, 2022

It provides you the authority to assign your trademark to another individual or entity temporarily or permanently. Although the trademark assignor profits from royalties on the trademark, the assignee obtains the authority to expand and enhance its market functions by using the brand name and extending its identity.

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Trademark Branding Brands Branding 52

Kashishipr

OCTOBER 19, 2022

A trademark exists in the form of an expression, slogan, or any other sign identifying the services or products of one business and distinguishing them from those of others in the market. As people associate a trademark with a brand or business, it serves as an intangible asset to your company or organization.

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Trademark Branding Brands Branding 52

Likelihood of Confusion

JUNE 4, 2022

Thorne, legal marketing wordsmith extraordinaire, wonders: Why would a court opinion use the magic ® symbol to refer to one registered trademark and not others? And why would an. The post Through WINDOWS®, darkly appeared first on LIKELIHOOD OF CONFUSION™.

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Biswajit Sarkar Copyright Blog

NOVEMBER 1, 2023

Setting aside the aggressive marketing campaign to establish this blue as their signature colour this time around, it is a matter of great debate whether Burberry can attain trademark protection for it. However, to establish the colour as distinctive for a trademark would require a thorough and meticulous strategy even for Gucci.

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SpicyIP

MAY 2, 2022

We’re pleased to bring you a timely guest post by Sangita Sharma on a recent order by the Delhi High Court, on the usage of a competitor’s registered trademarks as keywords or adwords. The plaintiff filed the suit seeking protection of its various registered trademarks used by Defendant No.1- Defendant no.

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Kashishipr

JANUARY 12, 2022

Why Take the Trademark Route? Protecting a hashtag can be a good marketing strategy as it enables businesses to connect and reach a wider audience that enjoys the same kind of goods or services. Furthermore, if the hashtag consists of an existing registered trademark, it will aid in Trademark Registration.

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The TTABlog

JUNE 1, 2022

The USPTO refused registration of the mark BREWSKI (in standard characters) for "Equipment sold as a unit for playing drinking games comprised of an apparatus for holding multiple cups," finding confusion likely with the registered mark BREWSKI BROTHERS for "sports balls" [BROTHERS disclaimed]. The Board disagreed.

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SpicyIP

FEBRUARY 10, 2023

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 Registration Trademark Law Law 119

IPilogue

OCTOBER 19, 2021

The design of Hershey’s cone-shaped small chocolate “Kisses” has been a registered trademark with the United States Patent and Trademarks Office (USPTO) since 1996. Hershey alleges in their complaint that Cookie Department released packaging and marketing materials for cookie products with the same conical shape.

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LexBlog IP

AUGUST 17, 2022

The case was adjudicated in 2022 by the Weihai Market Supervision and Administration Bureau of Shandong Province in favor of Tsingtao Brewery and has been selected as a model trademark enforcement case by the State Administration for Market Regulation. Is this however a case of trademark infringement?

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Trademark Registering Trademarks Art Cease and Desist 52

IP and Legal Filings

MAY 20, 2022

A trademark works as an instrument to claim any sort of mark as your own. There are several kinds of trademarks in India that are eligible for registration the Trademarks Act 1999. Certainly, you become the possessor of a lot of perks both legal and social that come along with getting your trademark registered.

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IP and Legal Filings

FEBRUARY 16, 2023

Also under the trademark laws it is necessary to show the use of the trademark or else a trademark which has been abandoned by the owner or proprietor can be withdrawn solely the ground of disuse/non-use of trademark. What Is Non-Use Of Trademark Eventually trademarks serve as effective marketing tools for their owners.

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