Tag - Trademark

BATTLE AGAINST BAD FAITH TRADEMARK APPLICATIONS

China’s Supreme People’s Court (“SPC”) in this judgment, finally recognized the Spanish high-fashion shoe designer’s name right in the MANOLO BLAHNIK mark. This judgment ends the decades-long trademark dispute by invalidating the squatted mark, which had prevented Mr. Blahnik from using his personal name as the trademark for his famous [...]

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A ‘GEM’ OF A MARK: An analysis of Mondelez India foods Pvt Ltd. V. Neeraj food products

A trademark can be differentiated and made for anything specific in the product. Sometimes, there are similarities in the sound or the phonetic pronunciation of the name of the product or the company. And sometimes the colour and the colour scheme of the packaging plays an important role in the [...]

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case study

Theos Food Pvt Ltd & Ors vs Theobroma Foods Pvt Ltd

Equivalent citations:  CS(COMM) 429/2021 & I.A. 11653/2021, 15732/2021Bench:  JUSTICE PRATHIBA M. SINGHDate of Judgment:  29th July, 2022 Petitioner: THEOS FOOD PVT. LTD. & ORS.Respondent:  THEOBROMA FOODS PVT. LTD. BRIEF FACTS- The case started off as Theos aiming to restrict Theobroma that was using the mark 'THEOS' as a prefix to the names [...]

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Trademark Registration in India

WHO CAN FILE A TRADEMARK Any natural person or a Legal entity can file a trademark application in selected specification of goods or services.  The Applicant for trademark under Indian Trademark law can also foreign national and/or Legal entity as well. India is compliant to the Agreement on Trade-Related Aspects of [...]

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Trademark Registration in Bhutan

Trademark Registration in Bhutan

WHO CAN FILE A TRADEMARK Any natural person or a Legal entity can file a trademark application in selected specification of goods or services. The Applicant for trademark under Trademark law of Bhutan can also foreign national and/or Legal entity as well.  SELECTING A TRADEMARK While selecting a trademark, the two factors [...]

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Trademark Registration in Bangladesh

Trademark Registration in Bangladesh

WHO CAN FILE A TRADEMARK Any natural person or a Legal entity can file a trademark application in selected specification of goods or services. The Applicant for trademark under Bangladesh Trademark law can also foreign national and/or Legal entity as well.  SELECTING A TRADEMARK While selecting a trademark, the two factors to [...]

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“Reprehensible” and “I CAN’T BREATHE” – GEORGE FLOYD trademark applications filed

In a month marked by protests following the death of US citizen George Floyd, there were two trademark applications in the European Union and United Kingdom for the term GEORGE FLOYD. In the US, applications have also been filed for I CAN’T BREATHE – words that Floyd repeated before his [...]

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Storage of goods by individuals can constitute a trademark use in the EU

The European Court has ruled in the case C‑772/18 which concerns the following background: On 4 April 2011 B, a characteristic individual inhabitant in Finland, got from China a transfer of 150 metal balls saying something absolute 710 kg, utilized as extra parts in transmission instruments, generators and motors and in the [...]

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IPR in the digital world

Intellectual property rights provide the cornerstone upon which innovation and creativity is encouraged and consumer trust fortified. But the digital world poses new obstacles — how to synchronize between “free” access to information and content which is considered by many to be a right when the cost of copying [...]

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