⚖️ 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: ⚠️ […]
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 […]
RERA Registration in Punjab, India: A Comprehensive Guide 🌟
The Real Estate (Regulation and Development) Act, 2016, commonly known as RERA, was enacted to bring transparency, accountability, and efficiency to India’s real estate sector. In Punjab, the Punjab Real Estate Regulatory Authority (Punjab RERA) 🏛️ was established in August 2017 to implement the Act, ensuring a fair and competitive market while protecting homebuyers. This […]
Trademark Opposition in India: A Comprehensive Guide
Trademark opposition in India is a pivotal legal mechanism that empowers third parties to challenge the registration of a trademark they believe infringes on their rights or violates statutory provisions. Governed by the Trade Marks Act, 1999 (§) and the Trade Marks Rules, 2017 (§), this process ensures that only valid trademarks secure registration, safeguarding […]
The Significance of Trademarks in the Indian Pharmaceutical Sector
📅 Introduction In the fiercely competitive landscape of India’s pharmaceutical sector, trademarks serve a purpose beyond mere brand identification; they are vital for fostering consumer confidence, ensuring product authenticity, and adhering to international standards. As the industry expands, the importance of trademarks in differentiating and safeguarding pharmaceutical brands becomes increasingly paramount. 🔒 The Role of […]
Trademark Registration in Baddi
Trademark Registration in Baddi Once you finalize trademark, we can start process of trademark registration. First step towards trademark registration is classification of trademark. It helps classification of goods or service your company provide. Your trademark should be unique and should not resemble to any other trademark to avoid objection. The process of trademark registration […]
Process of Trademark Registration in India
A trademark is a unique symbol, word, logo, phrase, or combination used to distinguish a brand from competitors. Registering a trademark in India provides legal protection and exclusive rights to the owner, preventing unauthorized use. The process is governed by the Trade Marks Act, 1999, and administered by the Controller General of Patents, Designs, and […]