Snippets from Important Indian judgments – Trademark Law

Madras High Court

There have been several landmark trademark cases in India, but a few notable examples include: Tata Sons Ltd. vs. Greenpeace International: In this case, the Delhi High Court ruled that the use of the TATA mark by Greenpeace in their campaign against the company's proposed coal mine in Orissa was an infringement of Tata's trademark rights. Cadila Healthcare Ltd. vs. Cadila Pharmaceuticals Ltd: In this case, the Supreme Court of India held that the defendant had infringed the plaintiff's trademark rights by using a similar mark for their pharmaceutical products. K. R. Industries vs. The Registrar of Trademarks: In this case, the Madras High Court held that the defendant had wrongfully refused to register the plaintiff's trademark for their textile...

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Can descriptive trademarks be registered in India?

Descriptive trademarks are those that describe the characteristics, qualities, or features of a product or service. In India, descriptive trademarks can be registered under the Trade Marks Act, 1999, but are subject to certain restrictions and conditions. One of the main restrictions for registering a descriptive trademark in India is that it must have acquired distinctiveness through use. This means that the trademark must have been used for a significant period of time and has become associated with a particular product or service, such that it can be distinguished from other similar trademarks. Another restriction is that descriptive trademarks cannot be registered if they are generic or commonly used terms. For example, words like "fresh" or "natural" that are commonly...

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How to get mutual consent divorce in India?

A mutual consent divorce in India is a process where both parties agree to end their marriage without the need for a prolonged legal battle. Under Indian law, a mutual consent divorce can be obtained in as little as six months, provided that certain conditions are met. To obtain a mutual consent divorce in India, the following steps must be taken: Both parties must file a joint petition for divorce in a family court. The petition must state that the parties have been living separately for a period of at least one year and that they have mutually agreed to dissolve the marriage. Both parties must appear before the court and confirm that they have mutually agreed to the divorce....

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The Concept of Trademark Dilution in India

Trademark dilution is a legal concept that refers to the weakening or lessening of the distinctiveness of a trademark. In India, the concept of trademark dilution is covered under the Trademarks Act, 1999 and the Indian courts have recognized the importance of protecting famous trademarks from dilution. Trademark dilution can occur in a number of ways. One way is through the unauthorized use of a similar mark on different goods or services. For example, if a company that sells shoes uses a similar mark to a famous clothing brand, it can dilute the distinctiveness of the clothing brand's mark. Another way dilution can occur is through tarnishment, which happens when a mark is associated with negative connotations, such as through...

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