Part 2- Trademarks in eGaming As we move further in the series, we come across the most important aspect of building a profitable gaming platform, i.e. trademarks. The very genesis of this IP right was to balance the rights of those who are able to establish their brand entity with the new ones that enter … Continue reading The Significance of Trademarks in eGaming: Building and Protecting Brand Identity
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
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
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
Learn about trademark registration in NewZeland
Introduction: A wave of entrepreneurship has hit the peak worldwide. Every day we come across number of startups trying to make through the market. Almost all the goods and services available to public have no single manufacturer or service provider and this is where the trademark comes into play. The trademark distinguishes the goods and … Continue reading Learn about trademark registration in NewZeland
ALL ABOUT TRADEMARK REGISTRATION IN USA
What is a Trademark? As per WIPO a trademark is a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. Trademarks are protected by intellectual property rights[1]. In US Trademark law is mainly governed by the federal statute Lanham Act. Originally state Common law provided the main source … Continue reading ALL ABOUT TRADEMARK REGISTRATION IN USA
Whether the word ‘Super’ is a laudatory word? Whether Applicant can have exclusive right over a laudatory trade mark?
As per the Hon’ble High Court of Delhi[1] and in view of Section 17(2) of the Act, the plaintiff shall not have any exclusive right in respect of the mark “super‟. The intent behind Section 17(2) is to prevent such an abuse by a person who gets a composite mark registered in its favour, which … Continue reading Whether the word ‘Super’ is a laudatory word? Whether Applicant can have exclusive right over a laudatory trade mark?
Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?
Facts: In the case ofTTK Prestige Ltd V. K K And Company Delhi Pvt Ltd & Ors’.[1]: the plaintiff is engaged in the business of kitchen home appliances like pressure cooker , gas stoves and so on under the brand name PRESTIGE since 1955. The registration of the mark with respect to class 11 (installation … Continue reading Whether a defendant can rely on documents not filed along with the written statement in case of a commercial suit?
WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
Section 11(6) of the Act: (6) The Registrar shall, while determining whether a trade mark is a well-known trade mark, take into account any fact which he considers relevant for determining a trade mark as a well-known trade mark including: (i) the knowledge or recognition of that trade mark in the relevant section of the … Continue reading WHAT FACTORS ARE TO BE CONSIDERED IN DFETERMINING WHETHER A MARK IS A WELL KNOWN MARK?
DUCTUS EDGE 