brand registration

Will The Comparative Advertisement Helps to Influence The Product?

Infringement and passing off through advertisements: “Comparative advertisement” which discredits or denigrates the trademark or trade name of the competitor cannot be permitted. Indian attorneys and courts shall be called upon to determine the rules on advertising and comparative advertising which is catching on in India. Certain observations of advertisement by Indian Courts: Advertisement is a step in the process of infringement to solicit customers in the name of the impugned trademark and the advertisement is calculated to induce people…

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Good will of the trademark and the best value test need to be known

Trademark – “A valuable Asset “: Two most valuable assets of an enterprise are its “trademark and Workforce”, both of which do not appear in the balance sheet. The trademark assists the enterprise in creating, maintaining and developing its markets. What is Best Value Test? A customer buys the brand or the product which, in his view, provides the best value at the time of the purchase. It is a successful trademark which must pass the best value test and…

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