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The Concept of Trademark Dilution in India

Trademark dilution is a legal concept that refers to the weakening or lessening of the distinctiveness of a trademark. In India, the concept of trademark dilution is covered under the Trademarks Act, 1999 and the Indian courts have recognized the importance of protecting famous trademarks from dilution. Trademark dilution can occur in a number of ways. One way is through the unauthorized use of a similar mark on different goods or services. For example, if a company that sells shoes uses a similar mark to a famous clothing brand, it can dilute the distinctiveness of the clothing brand's mark. Another way dilution can occur is through tarnishment, which happens when a mark is associated with negative connotations, such as through...

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Madras HC denies DMK’s plea to distributing essentials without prior permission from TN Govt.

Madras High Court

Amid the Corona situation, the Tamil Nadu State Government has warned NGOs, private organisations and individuals against the distribution of essentials to the needy. At first sight, the TN Govt's stance may seem displaced given the duress and distress people are undergoing amid the lockdown, but the reasoning behind the restriction imposed is to keep the pandemic situation in control. Noteworthy is the instance in Coimbatore where a man who returned from Delhi having traveled in the flight amongst other COVID-positive passengers who ignorantly engaged in social work despite being clearly advised to maintain a 14-day quarantine, exposing his contacts to COVID-19 virus. Both Central and State Govts. are facing extraordinary hurdles in balancing between controlling the pandemic and managing...

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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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“Why this Kolaveri” fight?

The title of any creative work such as books, songs, movies, creates an impression in the minds of the users.  So, it is crucial to have a good name free of any encumbrances for creative works so that they can be promoted freely without any legal tangles. [caption id="" align="alignnone" width="768"] Source: www.youtube.com[/caption] Limitations in Copyright Musical works and sound recordings are subject-matters of copyright and protected by copyright laws.  However, book titles and  song titles cannot be copyrighted, and naturally, one has to resort to protection under trademark statute. The trend of trademarking song titles are not so common in India when compared to foreign countries. Trademark Protection Why trademark a song title?  It's so happens sometimes several versions...

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Why trademarking your domain name in India is a must for online-only businesses and service providers?

New Business Trends Going online or taking your business online is the new mantra adapted by a number of business entities for several reasons.  The name of your business is an integral link to your customers or clients and that they use your brand name or domain name to locate your website through searches or link to your website.  This applies to your existing customers and prospective customers.  Lot of businesses provide specific services through online which vary from providing storage space to placing orders. [caption id="" align="alignleft" width="275"] Trademark your domain name in India[/caption] Do you really need to obtain trademark of your domain? The main objective of trademarking a domain name is to provide you with legal recourse...

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How to register trademark, service mark, logo in India

Trademark Registration in India What is a trade mark? A trade mark is a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. What are the legal requirements to register a trade mark? The selected mark should be capable of being represented graphically (that is in the paper form). It should be capable of distinguishing the goods or services of one undertaking from those of others. It should be used or proposed to be used mark in relation to goods or services for the purpose of indicating or so as to indicate...

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