INTRODUCTION In an era of expanding international trade and global business landscapes, protecting intellectual property rights has become a paramount concern for businesses seeking to establish a strong and recognizable presence worldwide. One of the key mechanisms facilitating this endeavor is the Madrid System for the International Registration of Marks. The Madrid Union currently has … Continue reading Navigating Global Markets: The Madrid System’s Role in International Trademark Protection
DON’T SAY JHAKAAS: YOU CAN NOT USE ANIL KAPOOR’S PERSONALITY RIGHTS
Whether protection can be sought for the personality rights, publicity rights and elements associated with persona such as name, voice, photograph/image/likeness, manner of speaking and dialogue delivery, gestures, signatures etc. against misuse over internet? In the High Court of New Delhi[1], the famous Indian actor Mr. Anil Kapoor has initiated a suit seeking protection of … Continue reading DON’T SAY JHAKAAS: YOU CAN NOT USE ANIL KAPOOR’S PERSONALITY RIGHTS
DATA PROTECTION LAW WHICH CAN PENALIZE UPT0 250 CRORE FOR BREACH OF DATA AND VIOLATION OF LAW
Introduction In an era defined by digital innovation and the seamless exchange of information, the need to protect individuals' privacy and personal data has become paramount. Recognizing this, governments around the world are enacting comprehensive legislation to address these concerns. Indian lawmakers on 09.08.2023 passed a data protection law that will dictate how tech companies … Continue reading DATA PROTECTION LAW WHICH CAN PENALIZE UPT0 250 CRORE FOR BREACH OF DATA AND VIOLATION OF LAW
Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
This question was answered by the Delhi High Court in the case of Ticona Polymers v. Registrar of Trade Marks, 2023 decided on 28th February 2023. Facts of the Case: The appellant applied to register “COOLPOLY” as a mark for plastic and carbon molding materials and molded heat sinks under class 1 and class 9. … Continue reading Whether the Trademark can be dissected while checking its eligibility under section 9(1) during examination?
Know about incorporation of entity in Delaware
The Delaware General Corporation Law is the statute of the Delaware Code that governs corporate law in the U.S. state of Delaware, Adopted in 1899. Title 8 of Chapter 1 subchapter I of Delaware General Corporation Law deals with the Formation of Corporations. Here's a step-by-step procedure to incorporate a company under the Delaware General … Continue reading Know about incorporation of entity in Delaware
Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Introduction In a recent landmark judgment[1], the Delhi High Court ordered the cancellation of the trademark registration for "NIKIND" in Class 5. The petitioner, Mankind Pharma Ltd., a renowned pharmaceutical company, filed the petition seeking the removal of the impugned trademark, claiming that it infringed upon their well-known trademark "MANKIND" and its associated family of … Continue reading Delhi High Court Strikes Down ‘NIKIND’ Registration, Protecting Mankind Pharma’s “KIND” mark family Legacy
Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
Well, the answer to this question was answered by the Delhi High Court in a recent judgment in the case of MS Aman Engineering Works Vs Registrar Trade Marks, Trade Marks Ministry, New Delhi & Anr., 2022[1]. The Delhi High Court, in its ruling, determined that the Registrar of Trade Marks does not possess the … Continue reading Whether the registrar has the power to condone delay or take into consideration such delayed application for review?
WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
Summary of the facts: The plaintiff is a subsidiary of “MAYO” Clinic, a well-known charitable organization based in the United States. They operate internationally and have a strong reputation under the mark “MAYO” for providing medical care, research, education, and diagnostic services. The plaintiff holds trademarks for "MAYO” and related marks in India and over … Continue reading WHETHER PRIOR USAGE AND REGISTRATION OF THE MARK SHOULD BE GIVEN DUE RECOGNITION AND PROTECTION?
How to set up a company in the USA
Starting a company in the United States can be an exciting and rewarding endeavor. However, the process involves careful planning, legal considerations, and adherence to specific requirements. It is possible for individuals and businesses from India to establish a company in the USA, but the procedure can be intricate and time-consuming. It entails complying with … Continue reading How to set up a company in the USA
IS PHONETIC SEARCH IS NECESSARY ALONG WITH WORD SEARCH FOR A REGISTRATION OF A TRADEMARK?
Introduction A phonetic search is also necessary along with word search before registering a trademark as observed by Justice C. Harishankar deciding the case Institut Europeen D Administration Des Affaires ,INSEAD, Association v. Fullstack Education Private Limited & Anr[1]. In this suit, the petitioner moved to court for rectification of the Trade Marks Register by … Continue reading IS PHONETIC SEARCH IS NECESSARY ALONG WITH WORD SEARCH FOR A REGISTRATION OF A TRADEMARK?
