Tag: trademark

Appointment of Chairman of the Intellectual Property Appellate Board

IPAB is one of the most important IP tribunals in the country and was established by the Central Government by notifying in the Official Gazette on 15.07.2003. IPAB is an administrative body that has appellate jurisdiction over the decisions of the Controller of Patents, Registrar under the Trade Marks Act, 1999, and the Geographical Indications. … Continue reading Appointment of Chairman of the Intellectual Property Appellate Board

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Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC

The news of famous French fashion designer Christian Louboutin’s ‘red sole’ shoes with their sky heel stiletto and iconic red sole often regarded as the fashion statement has recently been in the limelight for being declared as a well-known trademark by Justice Mukta Gupta, Delhi High Court, but very few know the story behind the … Continue reading Louboutin’s ‘Red Sole’ Declared as a Well-Known Trademark by Delhi HC

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Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

Time for Considering Territoriality Principle over Universality Principle Courts are gradually shifting their focus to territorial nature of Trade Marks. The same was also quite evident in the Exide case, that has been discussed in the previous blog (here). However, no conclusion was drawn in the case due to ‘out of court settlement’. But, the … Continue reading Trade Mark Infringement-Toyoto Jidosha Kabushiki Kaisha. vs. M/S Prius Auto Industries Ltd. and Ors.

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Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

The case Exide India v Exide US brings into effect the perplexing issue of Trade Mark law. The dispute dates back to 1997 when the US based Company ‘Exide Technologies’ entered the Indian market post Liberalisation, where Indian company ‘Exide Industries’ was already present over the decades in the local market selling automobile batteries under … Continue reading Exide Industries Limited vs. Exide Corporation, U.S.A. & Ors.

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The Question of Internet Jurisdiction

With the explosion of Internet and domain names, various disputes have occurred relating to many cyber-crimes and infringement of Trademark laws over domain names[1], and in order to seek justice before the Court of Law, dispute regarding jurisdiction arise owing to Internet having a multi-jurisdictional character. The issue of jurisdiction has been the most debated … Continue reading The Question of Internet Jurisdiction

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The Exclusivity of Brand Taglines

Brand taglines are catch phrases which serve to draw a connection for consumers with the business’ products and services, and the concerned brand in general. A particular sequence of words repetitively used in the promotion of a brand or business in relation to its products and services often finds a place in the associative memory … Continue reading The Exclusivity of Brand Taglines

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Google AdWords Giving a Good Wallop to Trademark Law

Introduction In this era of globalization, we use Internet on a regular basis in our daily lives. People are continuously trying to gain more profits and for this they sometimes adopt illegal practices for promotion of their goods and services. These practices include unauthorized use of a registered name or mark owned by their competitor. … Continue reading Google AdWords Giving a Good Wallop to Trademark Law

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THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.

The Trade Mark Rules, 2017 notified and came into effect on 6th March 2017 repealing the Trade Mark Rules, 2002. These rules have been framed with the intention of simplifying and expediting the procedure for registration of Trade Marks in India. Key Highlights of the New Rules: Categorization of Applicant and Fees Increase in Fees … Continue reading THE TRADE MARK RULES, 2017: AT A GLANCE Simple. Straightforward. Faster.

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NEPAL’S IP LAW: AN ENCAPSULATION

Intellectual property law in Nepal is comparatively new and it enjoys the extension provided for under the TRIPS agreement to the least developed country. The Patents, Designs and Trademarks are protected under one head, and the governing act/ legislation is known as “The Patent, Design and Trade Mark Act, 2022 (1965)” (hereinafter referred to as … Continue reading NEPAL’S IP LAW: AN ENCAPSULATION

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Simplified account of Trademark Registration in India

We had written an article giving a simplified account of Patenting procedures in India to enable readers who are new to the Patents. A similar attempt is being made here to provide answers to the Trademark FAQs so as to enable readers who are new to the Trademark. What is a trademark? What is the … Continue reading Simplified account of Trademark Registration in India

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