Category Archive for "Trademarks"

Punitive Damages denied for Trademark Infringement

In our earlier posts, we have covered the importance of damages in trademark infringement suits and the types of damages as well. The Courts in India have taken a liberal stand while granting nominal and compensatory damages. However, when it

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Financial Times – The never ending trademark battle

The legal battle between The Financial Times Ltd (FTL) and Times Publishing House Ltd (TPHL) over the trademark rights to the term “FINANCIAL TIMES” and “FT” has been going on for over two decades now and continues to do so.

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Infringement of a trademark also depends upon the similarity between the target customers

The criteria for determining trademark infringement primarily depends on two major factors; ie- identity or similarity between the registered trade mark and the infringing mark and the identity or similarity between the goods or services respectively covered by the two

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Trade dress – A powerful brand element

On account of rising competitiveness in the commercial industry, the importance accorded to trade dress of a product is tremendous. Trade dress relates to the visual or other appearance of a product which includes its packaging, combination of colours, textures,

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Initiative by IPAB to expedite administrative proceedings

The Intellectual Property Appellate Board (“IPAB”) was constituted by the Indian Government on September 15, 2003 to hear and adjudicate appeals against the decisions of the Registrar under the Indian Trade Marks Act, 1999 and the Indian Geographical Indications of

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Difference between filing a trademark as a word and as a logo

Indian Trade Mark law saw its origin back in 1940 with the Indian Trade Marks Act thereafter increasing the need for protecting trademarks attributable to the rise in growth of trade and commerce. Since then, the trademark law has been

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“Plain Packaging” a Trademark infringement?

Plain packaging refers to laws or regulations requiring cigarettes and other tobacco products to be sold in standardized or generic packaging, without any stylized or attractive trademarks, logos, brand names or colors. In place of such brand names or logos,

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Indian Trademark Office strikes again- Default notice to 9000 applications

Let’s brush our memories and remember the infamous order of the Indian Trademark Office abandoning more than one lakh trademark applications by end of March, 2016. The dreadful saga saw a lot of oppositions from trademark attorneys/agents across the country,

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Exclusive rights to use trademark as a whole and not in parts

One of the well-established principles in Trademarks law has been the concept of comparing and considering a trademark in its totality. Many a times a trademark can be a composite trademark having various elements in it, and when the same

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Mediation in cases pending before the Trade Marks Registry, Delhi

With the amount of pending matters piling up across the five Trade Marks Registry offices, desperate measures have been taken by the Registry to reduce the burden and for speedy disposal of all pending matters. As a welcome attempt to

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