Category: Trademark

Trade Mark Registration in Nepal

August 20, 2016 Biswajit Sarkar - IP Law Firm India Post time: 4:46 pm

In Nepal, the law related to trademarks is governed by the Patent, Design and Trademark Act 1965. Trademark can be protected on the basis of its registration and the claimant can also acquire such rights by sufficient public recognition. A trademark application has to file

Three Dimensional Trademarks and the EU scuffle

August 1, 2016 Biswajit Sarkar - IP Law Firm India Post time: 9:47 am

Earlier in the previous year, Nestle` had filed an application for trademark registration in the UK for registering its four fingered bar of KIT-KAT as a three-dimensional mark. Nestle` has been one of the biggest companies that enforce Intellectual Property Rights to a commendable extent. So far,

The Sun (Pharma) sets for Cadila HealthCare on VENZ

July 26, 2016 Biswajit Sarkar - IP Law Firm India Post time: 6:28 am

The Madras High Court decided in favour of Sun Pharma in the Trade mark dispute between Sun Pharmaceuticals and Cadila Healthcare over the deceptive use Sun’s trade mark VENIZ. Sun Pharma had adopted the trade mark VENIZ in August 2000, for medicines to treat depressive

#Hashtag Protection under Trademark Laws

July 22, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:16 pm

With evolution of the present social media, hash tags have become an importing marketing tool. And thus, very frequently hashtag protection as intellectual property is thought of. Hashtags, are not designs or inventions thus, aren’t protectable under patent or design laws. They are too small

Toyota is the ‘PRIUS’ User

July 20, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:20 pm

The Delhi High Court, decided in favour of automobile giant Toyota in a case against Prius Auto Industries and Prius Auto Accessories Private Limited. In a 7 year old battle, Toyota contested that Prius Auto Industries had used Toyota’s trademark ‘Prius’. Prius was Toyota’s first

Mcdonald’s Lovin’ it in EU

July 11, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:56 am

A Luxembourg based General Court has upheld a 2013 verdict by the European Union Intellectual Property Office, in favor of McDonald’s Corp. A Singapore based firm, Future Enterprises had registered the trademark “MACCOFFEE” in 2010 with the European Union Intellectual Property Office, which was challenged

Lea(thers) takes a bite off Apple

June 30, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:54 am

The Beijing Municipal High People’s Court, in its recent judgment has decided in favour of Xintong Tiandi, for the use of the phrase ‘IPHONE’ on its leather goods. The Court held that the U.S Tech Giant was unable to prove of ‘iPhone’ being well known

Trademark Case Studies

June 28, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:01 pm

Trademark is used to identify the goods of one manufacturer from the goods of others. It is like a brand name. They are important for business as they allow the companies to establish the reputation of the products which they produce. They include words, symbols,

‘m&m’ Melts in Sweden

June 28, 2016 Biswajit Sarkar - IP Law Firm India Post time: 11:41 am

The Svea Court of Appeal , at Stockholm ruled in favour of Mondelez International in a trademark dispute over ‘m&m’ against Mars. The Court held that Mars would be liable to pay fine up to $246,000. Starting this July, Mars barred from selling its colourful sugar

Nestle vs Cadbury – The Purple Debate

May 17, 2016 Biswajit Sarkar - IP Law Firm India Post time: 10:03 am

In the year 2004 Cadbury applied to register the shade of the color purple known as Pantone 2685C as a trademark in relation to goods which fall under the Intellectual Property Office’s class 30. Their application for the registration declared that the trademark would be