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 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,…
Trademark; Meaning and need of laws Trademark infringement is the unauthorized use of a trademark which is one of the various ways in which intellectual property rights are violated. In layman, language trademark is a sign that assists distinguish the…
Introduction Recently, The Delhi High Court issued an order granting an interim injunction in favor of Makemytrip (Plaintiff) in the case of MakeMyTrip India Private Limited vs Booking.com B.V. & Ors. The Court was analyzing whether the use of trademarks as keywords…
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…
Some of the most popular pastimes amongst people are reading books and watching movies. These were the two activities that people usually engaged in, particularly during the lockdown period. The number of subscribers of OTT platforms such as Netflix, Amazon…
Sri Lanka, in 2017, made significant policy decisions through concerted discussions on the importance of “value-added” products to enhance the revenue through exports in Sri Lanka. ‘Branding’ is one of the major value additions but has not received its due…
Filing for a trademark can be a tedious process and if not done in a proper manner, it can lead to several objections to the application. A Trademark Officer is the one who can object to the trademark application. After…
During the period of the Covid-19 pandemic many oppositions were filed beyond the four months period of limitation and the same have also been entertained by the Controller General of Patents, Designs, and Trade Marks (CGPDTM). The Delhi High Court…