Category: Trademark

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

Rooh Afza vs Dil Afza: Trademark Dispute

January 24, 2022 Biswajit Sarkar - IP Law Firm India Post time: 5:39 pm

Recently, the Delhi High Court in Humdard National Foundation vs Sadar Laboratories refused to give an injunction against the defendant’s trademark ‘Dil Afza’. The case was filed by the plaintiff alleging that the defendant’s trademark is deceptively similar to their trademark ‘Rooh Afza’. Both were

Personal Names and Trademark Protection

January 17, 2022 Biswajit Sarkar - IP Law Firm India Post time: 5:02 pm

Protecting your trademark is related to multiple factors. Learn from the experts and get the guide for a comprehensive solution.

Cybersquatting – A Menace in Digital India

November 22, 2021 Biswajit Sarkar - IP Law Firm India Post time: 4:49 pm

Domain names are the most important assets in today’s digital era. All companies ensure that their domain names co-relate with their respective trademarks. It helps the consumer correlate and identify the company based on their trademark. But what does that have to do with cybersquatting?

Role of Trademark Lawyer in India

October 23, 2021 Biswajit Sarkar - IP Law Firm India Post time: 2:27 pm

The growth of Intellectual Property Rights has led to an increase in demand for trademark lawyers in India. Trademarks have become an important part of running a business. Increasingly, businesses across India are applying for trademarks. This helps them stand out and acts as a

Trademark Renewal in India

October 21, 2021 Biswajit Sarkar - IP Law Firm India Post time: 7:10 pm

In India, the registration of a trademark is valid for 10 years. Thus, the registered trademark should be renewed after every 10 years. The registered proprietor can renew the trademark for 10 years either from the date of registration or from the date of last

Trademark Opposition in India

October 21, 2021 Biswajit Sarkar - IP Law Firm India Post time: 7:06 pm

During the trademark registration procedure in India, a refusal provision can be brought against the registration of any trademark in two situations: First instance – Objection and refusal from the Indian Trade Marks Registry Second instance – Opposition from the third party after publication in