Author: sevenelementz
Can we file a word and logo in a single application?
Trademark, in simple terms, is a source indicator of a product or a service. Consumers identify the origin of a particular product or service through its trademark. The usage and adoption of trademarks have had evolved continuously over the past several years. The commonest types of trademarks are 1) standard character and figurative marks and…
Madras HC denies DMK’s plea to distributing essentials without prior permission from TN Govt.
Amid the Corona situation, the Tamil Nadu State Government has warned NGOs, private organisations and individuals against the distribution of essentials to the needy. At first sight, the TN Govt’s stance may seem displaced given the duress and distress people are undergoing amid the lockdown, but the reasoning behind the restriction imposed is to keep…
Weaker Trademark! Are you stuck with a descriptive name?
A trademark that is descriptive of its goods and/or services cannot be trademarked as per Section 9 of the Trademarks Act, 1999. In the old trademark act, i.e., Trade and Merchandise Marks Act, 1958, which is fully replaced by the current 1999 Act, had allowed descriptive marks in Part B of the register. In Section 9…
How to do a Do-It-Yourself (DIY) trademark pre-clearance search in India
India does not have a first-to-file system unlike China and a prior user of a trademark is in an advantageous position and gets rights over a trademark. Therefore, it is imperative that due diligence measures are taken before choosing a trademark. A trademark clearance search entails ascertaining trademark-ability, similarity and/or conflicts with pending or registered…
Is your company compliant with Sexual Harassment laws?
In the wake of increasing instances of sexual offenses at women through the globe, employers have a greater role to play and responsibility to provide a safe and secure workplace for women employees. With employees spending a greater part of their day at work, it is imperative that women employees are provided with a safe…
Top 7 reasons leading to objections in a trademark application
Top 7 reasons leading to Objections in Trademark Application Trademark Proceeding – Quasi-judicial in nature Applying for a trademark may seem quite straightforward and simple when one sees the trademark application (TM-A or its previous form TM-1). It is common for clients to wonder why lawyers specialising in trademarks (not general law practitioners) charge…