A Trademark , in layman’s understanding would mean a business mark and particularly a logo. But Trademark is something way more than this . The Trademark Act, 1999 defines Trademark as – “trade mark” means a mark capable of being represented graphically and which is… Read More »When Can a Trademark Not Be Registered?
What is a Geographical Indicator? Articles 22 to 24 of TRIPS deals with GI tags. These articles require countries to provide legal means of giving protection to a good originating from a particular territory of a country, region or specific locality in that territory. India… Read More »What’s the Difference Between Geographical Indicators and Certification Marks?
As of now, the answer to that is six months from the date of mailing of the Office Action from the USPTO. However, that is going to change in the near future. With effect from 3rd December 2022, the USPTO has reduced the time provided… Read More »What is the Deadline for Filing an Office Action Response to a US Trademark?
Introduction “Product packaging” or the sheer look of an invention at present has become just as essential as the product itself. A trade dress is the graphic appearance of an article or its bundling which frames a significant segment as the basis of the product… Read More »What is Trade Dress Protection?
Introduction Ever wondered what the law has to say about domain names which are deceptively similar to existing, famous brands? The Delhi High Court directed the blocking of these phishing websites being run in the name of Dabur India by passing a John Doe order… Read More »Case Note: Dabur India Limited V. Ashok Kumar & Ors
Introduction Ever wondered what the law has to say about domain names which are deceptively similar to existing, famous brands? The Delhi High Court directed the blocking of these phishing websites being run in the name of Dabur India by passing a John Doe order… Read More »Case Note: Dabur India Limited V. Ashok Kumar & Ors
Introduction It is not uncommon for people to confuse a company’s trademark with its brand, as well as the brand name or trade name. It brings us to the question of “what is a trade name”, it is a term that a firm utilizes to… Read More »What’s the Difference Between a Trademark and a Brand?
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?
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