Failed Battle of MP for GI Tag ‘Basmati’

The Geographical Indications of Goods (Registration and Protection) Act, 1999 (hereinafter “Act”) was enacted to provide for the registration and better protection of geographical indications relating to goods. A geographical indication (hereinafter “GI”) is a sign used on products that have a specific geographical origin and possess qualities or a...

Use of Core Words in Logo: An Analysis

A lot of times we have come across the use of the name of well-known brand in a logo of another product. The question that comes up is whether the use of core words of a registered mark can be used by another company? Is such a use permitted under...

Why Class A Design?

The new legislation of Designs Act, 2002 has a different classification system than the old Designs Act, 1911. The old Act classified the designs on the basis of the material of which the article was made whereas the new Act classifies on the basis of the subject matter of the...

The Benefits Of Doing Market Analysis With Patentability Search

Innovative creations are necessary in the contemporary market where products keep getting upgraded with newer features. However, not every invention is capable of creating an impact in the industry. Take, for example, the 3-D Television. Poor market research could be one of the reasons why the manufacturers failed to realize...

The Cocoa Wars!

Two premier chocolate brands recently locked horns in the market. Hotel Chocolat alleged that Waitrose had launched a luxury chocolate bar which was deceptively similar to their trademark chocolate bars. The firm also got backing from a fellow chocolatier ‘Choc on Choc’ which believe that Waitrose’s Easter eggs are deceptively...

Social Media (F) Law: The German Precedent

Recently, the Network Enforcement Act, commonly known as NetzDG has taken full effect from January 2018 in Germany. The controversial law was passed by the parliament in June 2017. This piece of legislation has created ripples around the globe with a fair amount of supporters as well as adversaries. For...

Trade Mark For International Jurisdiction

Introduction Trade mark is territorial in nature and is valid only at places where it is registered. The protection to the trademark ends at the end of the boundaries of the country it is registered in. However, this does not restrict any one from exporting their goods to other countries...

Trade Dress

What Is A Trade Dress? Trade dress means the packaging, visual appearance, shape, graphics, colour combination which can be registered and protected from being exploited by the competitors related to their goods or services. In other words, trade dress is a product's "total image" or "overall appearance" and "may include...

Recognition of A Trademark As Well – Known

Earlier a trademark used to get the status of a well-known trademark only after a long and tedious process of court proceedings preceded by a trademark infringement or by objections raised by others at the time of registering the trademark. After the new amendments came into force the process to...

Growth of Start Ups under IPR

While developing a new idea as a product, pioneers naturally put a considerable measure of time into the innovative work of the product. They concentrate on building a business model, getting an increasing number of investors to put resources into the business believing that the product will pick up an...

Registration of Copyright in India

The registration of a copyright is not mandatory in India. Copyright subsist in the original literary, musical, artistic or dramatic work as soon as it is expressed by the author of the work and he gains exclusive rights with respect to that particular work to reproduce, publish, make adaptations or...

Trademark Overview

Trade Mark Act, provides with the provisions relating to registration of marks, filing of application in different classes, renewal period for the protection of the trademark, remedies available in cases of breach or violation of the respective trademark as well as the grounds for the recognition of a mark as...