INTRODUCTION Section 2(1)(h) of the Trade Marks Act defines the word “deceptively similar” as “A mark shall be deemed to be deceptively similar to another mark if it so nearly resembles that other mark as to be likely to deceive…
TRADEMARK A trademark is something that we encounter on a regular basis. It is the name given to a product or service. It is an indication of a trade organization's or company's quality and goodwill. A trademark allows a buyer…
A trademark’s degree of registrability or its ability to sustain a suit or enforce a suit hinges upon the nature of the mark. Marks can range from being generic, descriptive, and suggestive to arbitrary and fanciful thereby shaping the strength…
Introduction A trademark helps a consumer obtain goods and services of a certain quality and reduces their confusion related to the goods and services. The importance of the quality of the items offered under a brand has increased with the emergence of…
Introduction A mark is similar to another trademark when it resembles it visually or phonetically or structurally etc. When comparing two similar trademarks, it is important to compare them in their entirety. One must assess the similarity between two marks…
Introduction Emergency use products such as inhalers also possess an inherent "stickiness" factor, as patients are unlikely to switch to a different brand easily once they have grown accustomed to using a specific inhaler, especially in urgent situations. For example,…
Introduction With advent in technology, Fintech industry has been thriving in the recent past. Fintech is the technology, involved in the financial sector. According to a report titled “$1Tn India Fintech Opportunity”, by Chiratae Ventures and Ernest and Young, Indian…
Preface Artificial intelligence (AI) is rapidly becoming a part of our daily lives, with self-driving cars, autonomous weapons, and various services relying on AI systems to varying extents. Artificial intelligence has fundamentally changed how we live and work, developments in…
Introduction Standardised by millennials and popularised by Gen Z, the coffee consumption culture has undoubtedly become a vital part of our everyday lives. You might think your daily Cup of Joe only includes the ingredients you prefer but in reality,…
Trademark law in India is governed under the Trademarks Act, 1999. The Act aims to provide for registration, protection and prevention of fraudulent use of trademarks for goods and services. According to section 2(zb) of the Act, a trademark is…