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 WHERE BLINKIT NAME WAS IN DANGER
INTRODUCTION: The case[1] is a miscellaneous first appeal filed under order 43 Rule 1(r) read with section 104 of CPC against the order passed by the Additional City Civil Judge, Bengaluru. In the following impugned order the judge had allowed the application filed by the Respondent –Plaintiff for temporary injunctions and restrained the Appellant – … Continue reading CASE WHERE BLINKIT NAME WAS IN DANGER
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
Whether the mark “Maharaja” is Publici Generis and what are the requirements under Order 39 Rule 1 and 2
PLAINTIFF[1]: The plaintiff is a private limited company registered under the Indian Companies Act of 1956 that manufactures, sells, markets and trades plastic-molded furniture, including individual and group seating systems, dining gardens, and other related goods falling under Class 20. Initially, the plaintiff operated the aforementioned goods and business under the name Baker Industries Pvt. … Continue reading Whether the mark “Maharaja” is Publici Generis and what are the requirements under Order 39 Rule 1 and 2
REGISTRATION OF TRADEMARK IN MALAYSIA
Introduction: Intellectual Property is an intangible property and is the creation of intellect. In general IPR consists of five segments and trademark is one of such five segments. A trademark is basically the face of your business/company and the customers recognizes the goods and services of an entity through its trademark. As the trademark becomes … Continue reading REGISTRATION OF TRADEMARK IN MALAYSIA
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
TRADEMARK REGISTRATION IN SINGAPORE
Introduction: Intellectual Property is the creation of mind or intellect and anything created by using application of mind is called its intellectual property. A trade mark is a mark/symbol that a person or a company uses to set his goods or services apart from those of others in the course of his business or trade. … Continue reading TRADEMARK REGISTRATION IN SINGAPORE
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
