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Category: Trademark

Silly: Company sues WB for using its trademark in movie

November 6, 2013
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| Categories: Intellectual Property, Trademark

If you are one of those who watched the movie, The Dark Knight Rises released in 2012, you will find this post a bit interesting and be able to understand the rationale behind this blog. Usual blah blah Trademark and other kinds of intellectual property are not new to India, but India is yet to witness some of the silliest trademark trolls in the upcoming days.  A more common objective for business owners and start-ups to get their marks registered is to mainly use the trademark symbols TM and R and to prevent others from using it.  The concept of monetizing is still in its infancy and is not popular or amusing for businesses. No claim can really be silly...

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Bad faith trademark registrations – Don’t sit on it!

November 5, 2013
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| Categories: Intellectual Property, Trademark

Registering a trademark in bad faith The literal meaning of bad faith is, “intent to deceive or mislead another to gain some advantage; dishonesty or fraud in a transaction.”  It is an undisputed fact that intellectual property is a negative right and is built on pride and reputation. There are always wrongdoers and law breakers who try to capitalize on reputation and goodwill of a popular trademark for their own benefits. [caption id="" align="aligncenter" width="369"] Source: http://cdn.cultofmac.com[/caption] Trademark Legal Provisions Section 11(10)(ii) and Section 47(1)(a) specifically deal with trademark registrations under bad faith and or without bona fide intention to use the mark. Section 11(10)(ii) - While considering an application for registration of a trade mark and opposition filed in...

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Incomplete Protection is No Protection– Are you conservative in trademark registration?

November 3, 2013
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| Categories: Intellectual Property, Trademark

I want 100% Protection in one application! – Are you trying to make a fortune out of me? Every trademark lawyer in his career would have faced these statements and questions a numerous times from his clients, “I do not want to spend too much on trademark registration” “Can’t I just protect my mark in one application?”, “Why do you want me to file separate applications?” A client’s state of mind is quite obvious here and perfectly understandable. When approached by our clients, we normally explain them all the legal options available to ensure complete protection. For example, for a food product (FMCG), we normally suggest that separate applications be filed for trade dress, word mark, etc. to get complete...

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Indian Trademark Registry launches “TM Dashboard”

November 1, 2013
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| Categories: Intellectual Property, Trademark

New Dashboard CGPDTM launches a Dynamic Trademark Utility which will allow the public to see on real time basis the detail of Examinations of trademark applications, show cause hearings, publications in the trademark journal, registrations of trademarks, otherwise disposal of applications (i.e. by way of abandonment, refusal etc.) doneandother notices issued month-wise or date-wise. Possibly, increasing number of RTI applications could be one of the main reasons behind this implementation, among other things.  Regardless, this is a good move for stakeholders, in particular trademark attorneys and agents, who can check the status of their applications through the new Dash Board. However, the dashboard is not rather helpful if not useful when compared to foreign trademark offices, especially IPO, USPTO, IP...

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The “Reddy” trademark case – Must read for new biz start-ups

November 1, 2013
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| Categories: Intellectual Property, Trademark

Name Infringement Yet another classic case here tells us why it is imperative to do a thorough search to look for any trademark infringement before finalizing name for your new venture.  Getting your company registered with Registrar of Companies/Ministry of Corporate Affairs may not give you all the rights you should get over your company's name, mainly because MCA has not been exercising its powers diligently by raising objections when someone tries to register a company consisting of a registered trademark of a third party. We also wonder should there be a reverse process ? Time and again we emphasize the real need for exploiting a trademark in trade and commerce to the fullest potential possible to strengthen your mark, which...

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Why should your trademark be unique and distinctive?

October 30, 2013
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| Categories: Intellectual Property, Trademark

Our personal experience It has been quite an interesting journey for all of us since we started our career into intellectual property.  Each of our lawyers encounter on a day to day basis clients from different levels and parts of society involved in different businesses. Counseling and brainstorming a client is quite a task which consumes seventy percentage (70%) of our lawyers' time before proceeding with a trademark application.  We must admit that we, at our very best, manage to convince 60% of the clients to not go for marks that are directly or indirectly infringing on existing registered marks or well-known trademarks. Some clients are persistent on their stance even when advised by us about the potential consequences of objections...

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