What is Likelihood of Confusion in Trademarks? Trademarks are primarily based around the ability of a mark to be recognized by the intended audience and identify that mark with the product being sold. This essentially means that two trademarks which are likely to cause confusion… Read More »How Do You Decide if a Trademark is Likely to Cause Confusion?
What is Deceptive Similarity? It is generally not a very pretty sight when two people are at an event wearing similar outfits. People tend to believe that the exclusiveness of their presentation is tainted when another person is carrying the same outfit. A similar concept… Read More »What is Deceptive Similarity in Trademarks?
Introduction The term “Passing Off” refers to the unlawful use of a trademark that is similar to the same products and services. It is similar to trademark infringement, but applicable to unregistered trademarks. Passing off occurs when an identical trademark is utilized by someone other… Read More »Can Unregistered Trademarks Be Protected?
Why Are Color Marks Desirable? Media and advertising have over the years taken center stage when it comes to branding and selling a particular product. Gone are the days when a newspaper advertisement or a TV commercial were enough to catch the attention of consumers… Read More »Color Marks – A New Palette in the world of IPR
Trademark Protection in India In India, trademark rights are legally protected by the Trademark Act, 1999 and also by the common law remedy of passing off. The Controller General of Patents, Designs and Trademarks is responsible for the administration of any rights under the Act.… Read More »Brand Protection in India and the USA, A Comparison
Introduction A ‘Trademark troll’ is defined as any individual or entity which engages in pre-emptive and frivolous trademark registrations. Herein trademarks are registered by trolls in bad faith before the original brand owner does, without the intention of using the mark. Trademark trolls register marks… Read More »How Do You Respond to a Trademark Troll?
Inherent Distinctiveness The degree to which a trade-mark does not define the nature, character, or quality of goods or services is referred to as its intrinsic distinctiveness. The less mark has to do with the product it is representing, the more inherently distinctive it is.… Read More »What’s the Relationship between Descriptiveness and Distinctiveness in Trademarks?
Introduction Comparative advertisements refer to advertisements wherein brands compare their own products/services with that of competitor’s and assert that their brand is superior or better than the competitor’s. It is a form of Commercial speech which is permissible under the fundamental right to freedom of… Read More »How Can We Use Comparative Advertisements in India?
Introduction In India, when it comes to calculating the quantum of damages for IP infringement, there are no set parameters or guidelines so courts place reliance on existing broad principles and precedents. In the case of Microsoft Corporation v Deepak Raval, the Delhi High Court awarded… Read More »How Do You Calculate of Damages Arising Out of Trademark and Copyright Infringement?
Introduction In order to bolster their brand image and to attract the consumers companies have started adopting non-conventional trademarks in the recent years. Non-conventional trademarks are those trademarks which not only cater to the vision of the consumers but also other senses like olfactory, aural,… Read More »How Do You Trademark Non-Traditional Marks in India?