Why your trademark could be refused?

Trademark objections in India commonly arise due to several reasons, often identified during the examination process by the Trademark Registry. Here are some of the typical reasons: Similarity to an Existing Trademark: If the applied trademark resembles an already registered mark or a pending application in appearance, sound, or concept, the registry may object, as it may lead to consumer confusion. Descriptive or Non-Distinctive Marks: Trademarks that describe the goods or services rather than distinguishing them (e.g., "Sweet" for a candy brand) can be refused. Similarly, marks that lack distinctiveness, such as common or generic terms, are often objected to. Prohibited or Offensive Words: Marks that contain prohibited or offensive terms under Indian law, such as those that may hurt...

Read More ›

When a working wife is entitled for maintenance under Section 144 of BNSS?

Here’s when a working wife may be eligible for maintenance under Section 144 of BNSS:

Under Section 144 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, a working wife may still be entitled to maintenance, depending on specific conditions. BNSS 2023 has updated and consolidated certain criminal procedural laws, including those related to maintenance. This section, similar to the older Section 125 of the CrPC, aims to ensure financial support for individuals who cannot maintain themselves. Here’s when a working wife may be eligible for maintenance under Section 144 of BNSS: 1. Insufficient Income If a working wife does not earn enough to support herself adequately, she may still be entitled to maintenance. This could apply if her salary is low or if she cannot meet her basic needs, especially if her husband has a...

Read More ›

The Benefits of Trademark Protection on E-commerce Platforms like Amazon and Flipkart

In today's competitive e-commerce environment, platforms like Amazon and Flipkart have become essential avenues for businesses to reach a vast, global audience. These platforms provide immense growth potential, but they also bring the risk of counterfeiting, brand dilution, and unauthorized use of a company’s intellectual property. For businesses looking to build trust and stand out, obtaining trademark protection is essential. Here’s a look at the numerous benefits trademarks provide on major e-commerce platforms like Amazon and Flipkart. 1. Brand Protection Against Counterfeits One of the most significant benefits of having a registered trademark on e-commerce platforms is the added protection it provides against counterfeiting. Counterfeit products can seriously damage a brand's reputation, as customers may associate poor quality or inferior...

Read More ›

Warranties and Liabilities of Builders, Tamil Nadu- RERA Act

Warranties under the RERA Act The Real Estate (Regulation and Development) Act, 2016 (RERA) was enacted by the Indian government to safeguard the interests of homebuyers and to regulate the real estate industry. RERA establishes certain rights and warranties for homebuyers, and it imposes significant responsibilities on promoters (developers). The provisions under RERA specifically detail the promoter’s liability and warranties, aiming to bring accountability, transparency, and reliability to real estate transactions. 1. Understanding the Role of the Promoter under RERA The term "promoter" under RERA includes builders, developers, contractors, and any person responsible for the development and sale of a real estate project. RERA requires promoters to fulfill their obligations in an efficient and timely manner, ensuring that the rights...

Read More ›

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...

Read More ›

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...

Read More ›