Abstract This study explores the evolution and significance of the World Intellectual Property Organization (WIPO) in shaping international trademark protection, with focus on India’s engagement within this global framework. Emerging from the Paris Convention (1883) and the Berne Convention (1886), WIPO was formally established in 1967 and later became a specialized agency of the United … Continue reading WIPO and India’s Trademark Protection: A Global Perspective
“Vienna Codes in Practice: Examining the Classification of Figurative Trademarks under Indian Law”
Abstract A trademark is one of the crucial intellectual property rights providing protection and distinguishing any brand from that of another. Statutory provision of trademark is dealt in section 2 (1)(zb) of Trademark Act, 1999. The increasing globalization of trade and commerce has necessitated uniform standards in intellectual property administration especially in trademark laws and … Continue reading “Vienna Codes in Practice: Examining the Classification of Figurative Trademarks under Indian Law”
Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Introduction Trademark laws are designed to protect company identities, not to create rigid monopolies that fail to reflect market realities. Registration grants statutory rights, but these rights are subject to consistent and lawful use. The Trade Marks Act of 1999 introduced Section 47 to prevent the Register from becoming cluttered with dormant or speculative marks … Continue reading Delhi High Court Held: Registered Trademark Can Be Cancelled for Non Use
Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
Introduction In the case of Mayank Jain v. Atulya Discs, the Delhi High Court examined the extent to which a trader can claim exclusivity over the terms that are generic or commonly used in business. The case raised the broader legal question of whether generic terms in the public domain can be monopolized under trademark … Continue reading Limits of Trademark Exclusivity over Generic Words: An Analysis of Mayank Jain v. Atulya Discs
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