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?
Introduction Trademarks are a significant asset for any corporation. A mark can be a phrase, word, or symbol that denotes a specific product and legally differentiates it from all other products of its kind. Trademark is a significant intellectual property that is used by companies… Read More »Why Distinctiveness Matters in Trademark Law
Parallel Imports The term “parallel imports” causes consternation among brand owners and the general public. In actuality, the phrase “grey market goods” is deceptive, as it indicates that the things are “illegal” or “not original,” when they are not, as the only difference is in… Read More »What Are Parallel Imports, and How Legal Are They?
Introduction A trademark is a way of marking a specific product or service with a logo, word, phrase, sound, smell, shape, picture, movement, aspect of packaging, or a combination of these. The goal of trademark law is to protect the rights of holders or owners… Read More »Can We Use Artificial Intelligence to Protect Trademarks?
Copyright © 2024 PA LEGAL | ALL RIGHTS RESERVED