Category: Trademark

Santa Claus at free zone

December 24, 2022 Biswajit Sarkar - IP Law Firm India Post time: 5:24 pm

The question which arises, if the character of Santa Claus is so widely used and to gain commercially benefits by attracting consumers, then who owns it and how is the intellectual property rights of the proprietor protected.

Role of a Trademark Attorney

November 25, 2022 Biswajit Sarkar - IP Law Firm India Post time: 6:30 pm

While the online registration process of a trademark looks like an easy process, it contains intricate nuances which only a trained and professional practitioner would know. Therefore, it is always advisable to hire a knowledgeable Trademark Attorney, when registering one’s trademark.

Effect of acquiescence in Trade Marks

August 25, 2022 Biswajit Sarkar - IP Law Firm India Post time: 1:13 pm

Most of us know that Registering a Trade Mark or even using it for enough time, so as to develop a secondary meaning, gives us legal rights. But what happens when we don’t act on these rights? To know, read further.

The case of ISKCON Bangalore and ISKCON Mumbai

August 20, 2022 Biswajit Sarkar - IP Law Firm India Post time: 4:31 pm

The International Society for Krishna Consciousness (ISKCON) was established in 1966 in New York and is a religious organization with an international presence. The organization has registered its name, abbreviation thereof (ISKCON) and device under various classes including Class 25 i.e., clothing, footwear and headwear.

What are well known trademarks?

August 10, 2022 Biswajit Sarkar - IP Law Firm India Post time: 4:48 pm

The name “Amul” has attained an iconic status in India. So much so that even if a third party uses the name Amul for goods other than dairy products, consumers will assume that it is still a product of the original proprietor. It means only

Protecting brands and trademarks on the internet

August 9, 2022 Biswajit Sarkar - IP Law Firm India Post time: 2:30 pm

The growth of internet and internet related facilities have made brands shift a major part of their business online, some generating the entirety of their income through online sales. With the rise in such services, these companies have also become susceptible to different forms of

Plain packaging of tobacco products and trademark

August 8, 2022 Biswajit Sarkar - IP Law Firm India Post time: 2:06 pm

As anti-smoking sentiment grows throughout the world, governments have increased restrictions on tobacco companies limiting the way they express these brands through advertising and packaging. Presently, governments of more than 100 countries have decided to include mandatory pictorial health warnings on tobacco packs to increase

Protection of Colour Trademarks

August 6, 2022 Biswajit Sarkar - IP Law Firm India Post time: 2:44 pm

A trademark as defined under the Trade Marks Act, 1999 includes any word, name, symbol, configuration, device, shape of goods, packaging, combination of colours or any combination thereof that one trader adopts and uses to identify and distinguish his goods from those of others. For

Unconventional Trademarks and Registration Challenges

July 30, 2022 Biswajit Sarkar - IP Law Firm India Post time: 2:24 pm

Besides traditional trademarks that include device, brand, heading, label, name, there is a new category of modern marks that are protected in some countries which are known as non-traditional or unconventional trademarks. They include three dimensional marks, colour marks, sound marks, smell marks, taste marks,

What is a 3D Trademark?

July 29, 2022 Biswajit Sarkar - IP Law Firm India Post time: 5:57 pm

Introduction The definition of mark under section 2(1)(m) in the Trademarks Act, 1999 includes “shape of goods” and “their packaging” and any combination of such shape or packaging with other things, fall within the plain and general meaning of the term ‘mark’ thereby making it