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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Rectification application of trademark registration in Cochin

Rectification of trademark Rectification depends on the changes in the Trademark Registry. The Trademarks Registry is a registry which is carried by the Controller general of Trademarks and Copyrights. The trademark registry is having the relevant information about the registered trademarks like name and address of the proprietor and description of classes of goods and services and the owner of […]

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Importance of Trademark Registration in Business Industry

Importance of Trademark Registration Everyone wants to do a business with unique name. The unique name provides you a better identification among your rivals. Once you declare a unique name as your brand name or trade name, you have the right to registered it. Though this registration processes, you can protect your name from third party usage. This registration provides […]

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Suit for Injunction to Protect the Registered Trademark in India

Suit for injunction to protect the registered trademark Section 29 of Trademarks Act, 1999 describes the suit for injunction. In my view, the defendant cannot be said to have committed the tort of passing off if the test set out above are applied to the facts obtaining in the instant case. The defendant’s trademark “BELLS WHIP TOPPING” when looked at […]

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Types of Trademarks with respect to Trademarks Act, 1999

Types of Trademarks respect to Trademarks Act, 1999 Trademarks are different types with respect to Trademarks Act, 1999. The Trade and Merchandise Marks Act, 1958, do not provide the clear idea about the Trademarks. The Trademarks Act, 1999 (an amended Act of Trade and Merchandise Marks Act, 1958) clearly mentions about the different types of trademarks. Trademark is nothing but […]

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