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
Read MoreThe application for trademark registration in India is followed under Section 18 of the Trade Marks Act, 1999. Any person who is the proprietor of the trademark used or proposed to be used may apply in the prescribed manner to the Registrar of the Trade
Read MoreThe trademark search finds out whether a proposed trademark is available for use in connection with certain goods and services. To file a trademark Application the goods/services need to be categorized as per their Class or Classes so that the Application seeking protection is filed
Read MoreTrade marks have become an important part of running a business. Increasingly, businesses across India are applying for trade marks as it helps them stand out and acts a prime instrument for advertising and selling their products. Primarily, a trade mark distinguishes the goods and
Read MoreWhat is Trademark Search? Trademark search refers to any action taken to determine whether a trademark is used in commerce. Indian Trademark Search A trademark search is made in the Indian Trademark Registry database, similar word marks, as well as phonetically similar names in a
Read More1. Preparation/ Filing of Trademark Application (s/18 of the Trademarks Act, 1999) a. Name of the Applicant b. Nature of the Business c. Address of the Applicant d. Description of the Trademark- Word mark Device mark e. Description of the Goods or Services f. Classification
Read MoreOn January 27, 2021, the UK Intellectual Property Enterprise Court (IPEC) dismissed a patent infringement lawsuit against Amazon, the e-commerce retailer. The dispute emerged after Beverly Hills Polo Club (BHFP) owner Lifestyle Equities accused Amazon of infringing on its patent rights by allowing its licenced
Read MoreWhat is distinctiveness? The general understanding of ‘distinctiveness’ is that it refers to something that is easilyrecognizable from something else of a similar nature. The word ‘distinctiveness’ denotes the difference between two or more things. It allows the mind and eye to judge the uniqueness
Read MoreEMERGING NUMBER OF TRADEMARK REGISTRATIONS IN INDIA There is a significant increase in the number of people starting different businesses and start-ups in India. Due to this enhancing numbers, trademarks have gained an important position in the Indian economy. By adding distinctive character or by
Read MoreINTRODUCTION On 23rd April 2020, the Court of Justice of the European Union (CJEU) issued a ruling in theinterpretation Article 4(1)(e)(ii) and (iii) of Directive 2015/2436. The ruling concerned proceedingsbetween Gömböc Ktf and the Hungarian Intellectual Property Office (HIPO) regarding the refusal ofregistration of a
Read More