Why RERA Registration Matters: A Game-Changer for Indian Real Estate
The Real Estate (Regulation and Development) Act, 2016 (RERA), has been a game-changer in India’s real estate landscape. By introducing transparency, accountability, and protection for all stakeholders—developers, buyers, and investors—it’s reshaping the way real estate works. Mandatory for projects above a certain size, RERA registration serves as the cornerstone for a more regulated, efficient, and […]
CORN PRODUCTS v. SHANGRILA FOOD PRODUCTS
Citation: AIR 1960 SC 142Court: Supreme Court of India Importance of the Case This decision marks a significant development in Indian trademark jurisprudence. The Hon’ble Supreme Court articulated a modern approach for determining likelihood of confusion and deception between rival trade marks, shaping subsequent cases on infringement and passing off. Facts Issues Whether the mark […]
🔒 Legal Guidance on Proper Placement of a Trademark on a Product
The placement of a trademark on a product is a matter governed not only by commercial strategy and industry practice, but also by statutory and regulatory considerations. The following are general legal and practical guidelines for ensuring proper trademark usage and protection: ✔️ 1. Prominent & Legible Placement A trademark should be affixed to a […]
Trademark registration in Zirakpur
Trademark registration in India is governed by Trade Marks Act, 1999. Trademark registration helps you to protect your brand against unauthorized use. With trademark your customers can distinguish your brand with other similar looking brands. It helps to build trust among consumers. Every successful business usually have their trademark registered. Trademark registration allow you to […]
⚖️ 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 […]