Tag: india
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…
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…
How registering in Amazon Brand Registry keeps counterfeits at bay
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…
Xiaomi Infringement Case – an overprotection?
Ericsson, a Swedish MNC, got an ex parte interim order from the Delhi High Court against Xiaomi in a case involving infringement of patents relating to AMR technology, 2G and 3G technologies. It is interesting to note that Ericsson had in the past sued Micromax, Gionee, and Intex and did not succeed against Intex but…
In “Advocates as Patent Agents” Case- IPO says “it has been appealed”
SP Chockalingam vs. Controller of Patents March 15, 2013 was a much-awaited date for the legal fraternity when Honourable Madras High Court pronounced a verdict on a writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Declaration, that the amendment introduced to Section 126 of the…
Things to look for when using Madrid System in India – National System vs Madrid System
While it is indisputable that Madrid Trademark System brings a host of advantages for applicants wanting to register their trademark across the globe, there are a few things to be taken in to consideration to chose whether Madrid System would suit you. If you are only looking to register your brand only in a…