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?
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?
CASE OF TATA WATER PLUS V. TAZA WATER PLUS
INTRODUCTION: The present case[1] pertains to the copyright and trademark infringement of the plaintiffs’ mineral water product sold under the mark “TATA “and “TATA WATER PLUS.” The Plaintiffs discovered that Defendant was selling bottled drinking water in August 2020 using the trademark "TAZA WATER PLUS"; therefore, Plaintiff hired a private investigator to determine the precise … Continue reading CASE OF TATA WATER PLUS V. TAZA WATER PLUS
Producer or the author of the screenplay, who owns the copyright?
Introduction: The suit was filed by the plaintiff seeking a decree for permanent injunction restraining the defendant through its dealers, distributors, employees and/or assigns from making and selling, any work indulged in the novelization of the cinematograph film NAYAK. As per the plaintiff, novelization of the screenplay NAYAK without the consent of plaintiff amounts to … Continue reading Producer or the author of the screenplay, who owns the copyright?
CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS
Introduction: A petition was filed[1] under section 57(2) of the Trade Marks Act, 1999 for the removal of the mark “P BROS”. The mark P BROS is registered in the favour of the respondent no. 1. Notices were issued to the respondents and were accepted by them, however, no appearance was made by the Respondent … Continue reading CASE OF TRADEMARK CANCELLATION AFTER REGISTRATION: P BROS V. FYBROS
REGISTRATION OF TRADEMARK IN JAPAN
Introduction: Trade Marks in Japan are regulated by the Trademarks Act, 1959 and as per article 2 of the act Trademark means any “characters, figures, signs or three-dimensional shapes, or any combination thereof which is used in connection with the goods of a person who produces, certifies or assigns the goods as a business; or … Continue reading REGISTRATION OF TRADEMARK IN JAPAN
CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER
Introduction: In the present case[1] an appeal was filed at IPAB and pursuant to the Tribunal Reforms Act of 2021, the present appeal has been received on transfer by the High Court of Delhi. The Senior Examiner of Trademarks' decision dated March 15, 2018, regarding Application No. 2365543 for the mark under class 4, is … Continue reading CASE OF SHELL BRAND WHERE HC STRIKE DOWN THE UNJUST REFUSAL ORDER OF TRADEMARK EXAMINER
LEARN ABOUT TRADEMARK REGISTRATION IN CANADA
Introduction: A trademark can be a word, letter, symbol or combination of these and so on. A trademark is an essential for running the business as the customers recognize the business with the trademark name. We witness trademark examples almost daily for instance the mark on the bottle from which we drink water, the trademark … Continue reading LEARN ABOUT TRADEMARK REGISTRATION IN CANADA
