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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Trademark Must Possess Distinctive Character

A trademark must possess distinctive character for registration. If a trademark is devoid of distinctive character, the same cannot be registered. There is no discretion in the matter, if on an ex-officio examination the trademark is to found to be lacking from the angle of distinctive character, the registrar is mandated to refuse the application. Absolutely distinctive and dynamic character: The word “distinctive” in the context of trademarks, means distinguishing a person’s goods or services from competing goods or services…

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Introduction of New Trademark in The Market And The Associated Factors

The competitors take as much note of the introduction of a trademark as they might notice introduction of a new product or a new technology. On introduction of a new brand in the market, there arise perception in the minds of traders, retailers, other manufacturers, about the acceptance and visibility of a new trademark which in turn depends upon various factors and would cause an impact on existing market shares. The personality of all the proprietor, the business venture, advertisers,…

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Make Your Trade Mark to be Fame And Powerful With Some Ideas

To be more successful and powerful, having unique ideas which differentiate and makes you great from your rivals. This will be helpful for long-term success and makes you a powerful competitor. What is a trademark? A trademark is generally referred as a brand name. It could be in any form. The way of expressing is what it makes a difference among others. Distinguishing our products or services from our competitors will give a unique place and a respectable position in…

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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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