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…
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…
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 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…
Amazon Brand Registry has been there for quite some time but in several other forms. This has undergone a drastic revamping in the later part of 2017. In the era of internet, brand names are more prone to hijacks and deliberate confusion created by counterfeiters than it is in the offline marketplace. Almost every e-commerce…
Over the past five years there has been major improvements in the patent and trademark domains in India, majorly due to its obligations arising out of TRIPS. In 2012, the online submission of trademark and patents were introduced using digital signature, though contrary to online systems developed and implemented in other countries such as USA,…