⚖️ Framing Issues under the Trade Marks Act for Claiming Passing Off & Infringement
The Indian Trade Marks Act, 1999 provides remedies for both Passing Off and Infringement of Trade Marks, depending on whether the trademark is registered or unregistered. 🔍 Passing Off – Section 27(2) & Common Law Remedy A passing off action is a common law remedy available to unregistered as well as registered trademark proprietors, and […]
✅ Errors to Avoid While Filing a Trademark Application
Filing a trademark application requires precision and attention to detail. Even small errors can result in delays ⏳, objections 🚫, or loss of rights ❌. To ensure a smoother trademark registration process, here are key mistakes to avoid, based on best practices from the USPTO and global jurisdictions: 1️⃣ Choosing a Descriptive or Weak Mark […]
📢 ROOT WORDS COMMON TO TRADE – Supreme Court Clarifies in Kapoor vs. Micronix (1994 (14) PTC 260 SC)
The landmark Supreme Court judgment in Kapoor vs. Micronix ⚖️ has become a cornerstone ruling in the legal landscape of trade mark law, especially in the context of root words commonly used in trade. The case dealt with the registrability of such words and laid down 4 key aspects that guide trade mark comparison and […]
⚖️ Assignment & Transmission of Trademark (Transfer of Trademark)
Assignment or transmission of a trademark refers to the process by which ownership of a registered or pending trademark is transferred from one party to another. 👉 A trademark can be assigned for consideration by the registered proprietor. 🔑 Key Differences: Assignment vs Transmission 🔢 S. No. 📝 Particulars 📤 Assignment 📥 Transmission 1️⃣ Voluntary […]
🔍 The Descriptiveness Question in Trademarks Containing Common or Generic Words
The challenge of registering a trademark that includes common words revolves largely around the principle of secondary meaning 🧠. A generic or descriptive word may only qualify for trademark protection if it acquires distinctiveness through usage. The legal position is well-explained through key judicial precedents 📚: 📌 Key Case Law Analysis 🧑⚖️ 1. Godfrey Phillips […]
🔍 How to Address the Descriptiveness Question in Trademark Nomenclature?
While selecting a Trademark, it is essential to consider the 🌀 Spectrum of Distinctiveness, which plays a crucial role in identifying whether a mark is suitable for registration ✅. 🧠 The most common approach for brand naming is to match the name with the product/service being offered. However, this can raise an important issue: ⚠️ […]
Partnership Firm registration in Chandigarh
Partnership firms have certain legal advantages, So if you planning to start business in partnership, it is advised to get your partnership firm registered. If your firm is registered, it enhances its trust, your buyers, suppliers etc can trust you easily. Registered firms also have easy access to bank credit and capital from other resources. […]
Online company registration in Chandigarh
Registration of company is a completely online process. We can file application of company registration online and you can track progress online as well. There are various types of companies that can be registered . Biggest advantage of company registration is limited liability against any claims. Registered companies have legal immunity of some extent compare […]
What are the criteria used to evaluate the ability of deceptive similarity in trademarks?
To determine if the marks are similar to each other visually, phonetically, or conceptually, the following case law provides a clear understanding of this aspect: In starbucks corporation vs sardarbuksh coffee and co. & ors., the delhi high court held that the name “sardarbuksh” was deceptively similar to “starbucks” both visually and phonologically, thereby infringing […]