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 of the 1958 Act, a mark will be registered in Part A of the register if only the mark is distinctive and Part B allows for descriptive marks but is capable of distinguishing the goods from others. It is common for people to coin names that are geographically significant as well as merely descriptive for, what is misconceived, easier recognition and recollection. However, it certainly...

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Indian story of GI Application for Basmati Rice!

A geographical indication works as an indicator that allows producers in those areas to distinguish their goods from the goods of their competitors and maintain a reputation and goodwill around their products in order to attract a premium price. Registering a geographical indication in India involves: • identifying protected characteristics; • establishing effective representation and protection for stakeholders; and • ensuring that the benefits of the registration reach the people involved in producing the goods. The story of Basmati rice Basmati rice (Oryza sativa) means Basmati raw milled rice; parboiled rice and husked and unpolished Basmati rice. More details regarding the varieties, feature of each varieties, districts where and how it is produced can be had from here. We have...

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