Passing Off and Infringement under the Trade Marks Act, 1999
In the contemporary marketplace, a trademark is no longer a mere badge of origin; it is a repository of goodwill, consumer trust, commercial reputation and competitive identity…
Assignment, Licensing and Commercial Exploitation of Trademarks under the Trade Marks Act, 1999
In contemporary commerce, a trademark is not confined to its defensive function of preventing misuse….
The Concept of Well-Known Trademarks in India: Reputation beyond Goods and Geography under the Trade Marks Act, 1999
In the architecture of trademark law, not all marks are equal. Some marks merely identify goods…
Deceptive Similarity and the Consumer Confusion Test in Indian Trademark Law
Few questions in Indian trademark law arise more frequently, or are decided with greater consequence, than whether two competing marks are deceptively similar..
The Role of the Trade Marks Registry – Structure, Functions and Jurisdiction
Every trademark right in India passes through a single institutional gateway: the Trade Marks Registry. It is the administrative body that receives applications, conducts examination…
Trademark Registration – The Complete Procedure under the Trade Marks Act, 1999
A trademark is among the most commercially significant assets a business can possess. It is the sign by which consumers identify the source of goods or services, the vessel that..
Absolute Grounds for Refusal under Section 9 of the Trade Marks Act, 1999
A trademark application in India does not receive registration as a matter of course. Before a mark enters the Register of Trade Marks and the statutory rights of an exclusive proprietor crystallize…..
Relative Grounds for Refusal under Section 11 of the Trade Marks Act, 1999
The examination of a trademark application in India operates at two distinct levels. The first level, governed by Section 9 of the Trade Marks Act, 1999, concerns the inherent qualities…
Trademark Examination in India – From Filing to Acceptance
The journey of a trademark application from the moment it is filed to the point at which it is accepted for advertisement is one of the most consequential phases in the entire registration process…