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
MERELY SIMILARITY IN IMAGE IS TRADEMARK INFRINGEMENT ?: FEVICOL CASE
Introduction: Plaintiff[1] has been producing and selling adhesives since 1969. The plaintiff asserts that it conducts business not only in India but also in North America, South America, the Middle East, Africa, and Asia. The trademarks and service marks of the plaintiff, includes HEATX, FEVICOL, LW+, LW, DR. FIXIT, and an artistic representation of two elephants pulling in … Continue reading MERELY SIMILARITY IN IMAGE IS TRADEMARK INFRINGEMENT ?: FEVICOL CASE
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?
KHAN CHACHA VS KHAN CHACHA BIRYANI
The plaintiff holds registration of trademark under Class 29 and 43. He claims to be the user of the mark since 1st April 1972 for food items as well as for providing restaurants services, which are also enlisted on various websites which provide online catering services. As per the plaint “KHAN CHACHA” is inventive and … Continue reading KHAN CHACHA VS KHAN CHACHA BIRYANI
RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
A civil court in Bengaluru has issued an interim injunction preventing two manufacturers from using the brand/trade name "ROWDY," which was created by Telugu actor Vijay Deverakonda, to sell replica apparel until the case is resolved. The application filed by Rowdywear Pvt. Ltd. was partially approved by Additional City Civil Judge Padma Prasad, who also … Continue reading RESTRAINING ORDERS WITH REGARD TO UNAUTHORIZED USAGE OF VIJAY DEVERAKONDA’S BRAND “ROWDY”
DUCTUS EDGE 