Category: Trademark

First to use: Re approved!!

January 19, 2017 Biswajit Sarkar - IP Law Firm India Post time: 6:00 am

We have seen many suits being filed in the Court pertaining to infringement and passing off, but this time the in the trade mark history of India the Court has handed down a judgment where mark is arbitrary in nature. The plaintiff, a small company

Don’t google it: Search it on Google

January 14, 2017 Biswajit Sarkar - IP Law Firm India Post time: 9:50 am

Often the big leviathans try to get hold of small fishes in the water and get away easily. Same is true in the keyword policies of the big giants like Amazon, Uber seeking to divert the traffic of the small ones. Recently Flintobox, a Chennai

Jurisdiction in trade mark cases: settling for the unsettled

January 13, 2017 Biswajit Sarkar - IP Law Firm India Post time: 12:31 pm

The jurisdiction under the trade marks law has always been under the clutches of misinterpretation and misuse by various IP owners in India. Though a well settled provision of law governs the scope of jurisdiction under the trade marks Act, 1999, still a torment has

well-known-ness redefined

January 12, 2017 Biswajit Sarkar - IP Law Firm India Post time: 1:02 pm

A win-win situation is on the go with Mother Dairy winning the trade mark infringement battle against unscrupulous trader. The Delhi High Court at the inception of this New Year has startled the Milk industry with its overwhelming decision on the misuse of Mother

New Formula One Edition

December 31, 2016 Biswajit Sarkar - IP Law Firm India Post time: 12:30 pm

In a very recent ruling of the Delhi High Court the trade mark of the Formula One came up with flying colors again. The Court has overruled the ruling of the Advance Authority Ruling (AAR) on the issue of usage of trade marks and logos

Sephora “Drunk Elephant” caught in up a Trademark infringement case

November 29, 2016 Biswajit Sarkar - IP Law Firm India Post time: 11:14 am

A trademark infringement suit has been filed by the Green Heart Labs in US District Court on November 4th, claiming that Drunk Elephant Brand of Sephora (online and in stores) is infringing the mark ‘Aha! Moment’. According to the lawsuit, even after the notice was

Trade Mark Registration in Bangladesh

August 20, 2016 Biswajit Sarkar - IP Law Firm India Post time: 4:55 pm

In Bangladesh, the laws related to trademark are governed by the Trade Marks Act 2009 and the Trade Marks Rules, 1963 and is obtained through the Department of Patents, Designs and Trademarks (DPDT). The pre-required essentials for filling of Trademark Application are Name of the

Trade Mark Registration in Bhutan

August 20, 2016 Biswajit Sarkar - IP Law Firm India Post time: 4:52 pm

The trade mark filing process in Bhutan is governed and regulated by Industrial Property Act of 2001. An unregistered trademark can also be used but once a trademark is registered, the owner of the trademark has exclusive rights over the mark. Bhutan also follows the

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,