Temporary injunction and Opposition – Trademark registration in Cochin

Temporary injunction – “New Mour Marka”, “Green Star Brand”, and “Green Star Marks” The relief sought for in the main suit do authorize the court to pass an interim order to restrain the defendant, pending disposal of the suit from using the trademarks opposition. The interim relief sought for is not beyond the relief sought in the main suit. The product […]

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Permanent injunction of Trademark – Trademark Registration in Cochin

Permanent injunction of Trademark Trademark is one of the most important intellectual property, no one can be used it illegally. When someone uses your trademark illegally, it can cause significant damages to your business. It can be immediate monetary losses and long term damage which can spoil your business reputation. While considering Trademark infringement cases, it can be lengthy, and […]

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Protecting your trademarks – Trademark Registration in Cochin

Protecting your trademarks – your business name as well as your product or service names A full trademark search should be obtained prior to using the mark. It is important to determine both whether the mark can actually serve as your trademark, and whether use of the mark would potentially infringe the trademark rights of anyone else. If the results […]

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Interim Application of Copyright and Trademark Registration in Cochin

Interim application seeking to restrain defendant from using catch word On the conjoint reading of clause 1, definitions contained in clause 2 and clause 3A, it is clear that the rights assigned by the respondent 5 to respondent 6 included “all other right title and interest in and to the literary, dramatic and musical works embodied in the producer’s film”, […]

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Well-known brands and Word “invalid” of Trademark Registration in Cochin

Well-known brands – internationally famous brands In the instant case, the learned Single Judge has rightly observed that respondent No. 1 is a small time operator and cost of the well-known product which was being sold by him was only Re. 1/-(Rupee One) as against the product of the plaintiff, which was being sold at Rs. 10-(Rupees Ten). Notwithstanding the […]

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Infringement of Trademark Registration in Cochin with Some real time examples

Infringement of trademark ‘Low-Absorb’ and ‘Lo-sorb’ for edible oils Our conclusion is that we have in fact totally failed to appreciate the argument as raised on behalf of the appellant. Surely, when rights are claimed over a word mark as a trademark and which word mark is in fact a mere tweak of a descriptive word indicative of the kind, […]

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Application for Pending of Registration – Trademark Registration in Cochin

Application of plaintiff also pending for registration Now, we would come to the issues of registrablity of, and proprietorship in, the trademark in combination. The respondent No. 2 has held that the word SCOTCH is a dictionary word and as such anybody can adopt the same as trademark. When it is a dictionary word and not inherently distinctive, use of […]

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Trademark Injunction – Disparaging of Product in Advertisement or Telecast

Trademark Injunction – Disparaging of product in advertisement or telecast On balance, and by way of a conclusion, we feel that notwithstanding the impact that a telecast may have, since commercial speech of trademark is protected and an advertisement is commercial speech, an advertiser must be given enough room to play around in (the grey areas) in the advertisement brought […]

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