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 a well-known trademark. Trade mark as defined under the Trade Mark Act, provides a mark capable: Graphically representation Capable of distinguishing goods and services from one person from those of others Distinctive character Mark includes a device, brand, heading, label, name, signature, word, letter, numeral, combination of colors or any... Read More

Things to Look For When Choosing the Right Trademark Attorney

Intellectual property laws cover a very broad aspect ranging from patents, trademarks, copyrights to legal issues which contracts. It is pertinent to note here that Thousands of trademark applications are turned down every month for many reasons. However, Working with a Trademark attorney will limit the likelihood of this occurring. Even though wide range of trademark Attorneys are there and finding a trademark attorney is not a very challenging task. However, the following are few things that one must consider while picking up the right attorney: 1. Specialization: The very first thing to take into consideration while short listing the... Read More

Deceptive Similarity of in case of Pharmaceutical Products

Trade Marks is an indication of origin of goods and services and it distinguishes between the goods and services of one from another. Trademark provides a recognition and public associate a trademark with particular attributes. We often come across many marks where one copies the substantial or prominent part of the already existing mark or uses deceptively similar mark so to cash upon the existing reputation of a well-established mark by causing confusion as to the source and origin of the mark. Various factors which are considered in determining whether the mark is deceptively similar or not are nature of... Read More

Why Do You Need to Register a Trade Mark?

Recognition of a Trade Mark or a Brand is created through consistent quality products/services, advertising/marketing campaigns, brand recall, geographic presence, sales team, positioning, among many other parameters. However, with growing competition, every market player is required to have an edge over the other in order to win the race of profitability, along with gaining trust of the consumer as well as to build a strong reputation and goodwill for its goods/services so as to maintain its position in the Market. Registration of a Trade Mark gives one such exclusive competitive advantage, wherein, for instance, Trade Marks such as the ‘arches’... Read More

Effect of Acquiescence on Trademark

The dictionary meaning of acquiescence is the reluctant acceptance of something without protest. The Trade Marks Act 1999 talks about the “acquiescence” under Section 33 of the Act and is based on the well settled principle-  "Equity aids the vigilant, not those who slumber on their rights." It means a person who has been wronged must act relatively swiftly to preserve his rights. The proprietor of the trade mark must remain vigilant about any unauthorized use of his mark by others and if he doesn’t, he would not be entitled to claim any relief under the Act due to inaction on his... Read More

Trademark Registration in India

Trade Mark means (1) a mark capable of being represented graphically and (2) which is capable of distinguishing the goods or services of one person from those of others (that is, it must be distinctive). It may include a word, phrase, symbol or design, or combination of words, phrases, symbols or designs, logos, colours, slogans, three-dimensional shapes and even sounds. Advantages of Trademark and Registration Identifies the goods/services in respect of origin or owner. Advertises the goods/services through association and encourages future purchase. Assurance of quality of goods and services. Protection of hard earned goodwill and public trust. Exclusive right... Read More

SEVEN TOWNS V. KIDDLAND: DELHI HIGH COURT ON TRADE DRESS PROTECTION

The concept of trade dress, although closely associated with trademarks is not explicitly recognized in Indian legislations unlike its U.S.A. counterpart. In Indian context, upon looking closely at the definitions of “mark” and “package” under S. 2 of the Trade Marks Act, 1999 we see that the trade dresses are also protected. To define it, trade dress is the visual or sensual experience of a product and is inclusive of the packing, shape and combination of colours used in packaging, such that it distinguished the product from the ones of its competitors. So anything from the wrapping of Cadbury chocolates... Read More

Denial of Injunction on the grounds of Acquiescence and Delay by Plaintiffs: SRF Foundation v. Ram Education Society

Devina Choubal, an intern at Khurana & Khurana looks into grounds of denial of injunction by analyzing the recent case of SRF Foundation v. Ram Education Society. FACTS: ‘SRF Foundation’ plaintiff no.1 is a registered non-profit society engaged in several social and community work including running schools such as “The Shri Ram School”. The name/mark “Shri Ram” is used by the Plaintiff No.1 since 1988 having a good reputation. While plaintiffs No.2 is engaged in setting up schools in India and abroad. With this goodwill, the plaintiffs fulfilled its objective to meet the shortage of good schools by entering into... Read More

Criticism Sites using Confusingly Similar or Identical Domain Names

Medhavi Singh, an intern at Khurana and Khurana, Advocates and IP Attorneys, looks into a trademark litigation relating to criticism sites using confusingly similar or identical domain names. Cybersquatting is the buzz word in the arena of domain name disputes and various.IN Domain Name Dispute Resolution Policy (INDRP) and Uniform Domain Name Dispute Resolution Policy (UDRP) decisions regarding cybersquatting have taken front seat when it comes to recent Intellectual Property Law developments. The World Intellectual Property Organization (WIPO) has defined cyber squatting[1] as pre-emptive registration of trademarks as domain names by third parties, wherein the ‘first-come first-serve’ nature of domain name... Read More

Win.rar wins over the Disputed Domain Name winrar.com under UDRP Proceedings: win.rar GmbH v. Win Road Assistance Repairs Pvt. Ltd

Recently, granting a major victory to our client, the World Renowned Data Compression Software System provider win.rar GmbH, Administrative Panel, WIPO under UDRP, in its recent decision vide Case no. D2015-0398, issued transfer of disputed domain name www.winrar.com  to win.rar GmbH. This article is to highlight the recent UDRP dispute wherein the Complaint was re-filed by win.rar GmbH over the long disputed domain name winrar.com adopted by one Win Road Assistance Repairs Private Limited. The Copy of the Decision can be accessed here.   Brief Facts Of The Case Complainant in the present case is win.rar GmbH who is holder... Read More