What Trademarks are registrable in India?

What Trademarks are registrable in India?

A Trademark is a form of Intellectual Property which distinguishes a good or service. It may consist of a sign, symbol, shape, colour, name or any other unique and distinct identification mark that would make a good or service easily differentiable from other commodities. A Trademark provides legal protection from infringement and prevents others from copying the same or creating deceptively similar marks. Trademarks can be owned by an individual, a business organisation or any other legal entity.

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PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.

PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.

his suit was filed by Patel Field Marshal Agencies against the company, P.M. Diesels Ltd. before the Supreme Court. The respondent company owned 3 registered trademarks, the common highlight of which was the phrase “Field Marshals”. The company filed a petition in the Delhi High Court against the appellant company with the claim that they had infringed the trademark and that they had rendered accounts of profits for the mark “Marshal”. In the same suit, they had claimed a permanent injunction to prevent the use of the marks “Patel Field Marshal Agencies” and “Patel Field Marshal Industries” by the appellant company.

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NRC: A RAY OF HOPE OR DESPAIR

NRC: A RAY OF HOPE OR DESPAIR

The NRC process was being undertaken by the Supreme Court directly under its supervision, which makes the process entirely trustworthy. But despite being under direct supervision, the Government has developed a means to bypass the main objective of NRC. The Government has amended the Citizenship Act,1955, which tends to provide citizenship to people of minority groups suffering in different countries.

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Analyzing the Epidemic Diseases and Disaster Management Act- India’s Exiguous Response Riders

Analyzing the Epidemic Diseases and Disaster Management Act- India’s Exiguous Response Riders

The Indian government is fighting the spread of the Coronavirus with primarily two legislative acts- the Epidemic Diseases Act, 1897 and the Disaster Management Act, 2005. The country’s following a two-pronged approach where the containment procedures are carried on under the provisions of the Diseases act, while the Disaster Management Act covers most of the nation’s administrative setup; one act complementing the other. Though the acts in conjunction have somewhat proven beneficial for the state, they still fail to address the realities of the diseases’ spread in the modern world and lack comprehensive frameworks to respond to the outbreak.

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Impact of COVID-19 on Lease Agreement

Impact of COVID-19 on Lease Agreement

The present situation of lockdown and COVID-19 has resulted in a crash of interests of the lessors and the lessees. The liaison between both the parties are well defined under a lease agreement, but such agreements and contracts are also governed by the various other laws such as the Indian Contracts Act. However, such a relationship is jeopardized by the unusual turn of events which are presently prevailing across the nation.

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What is falsely applying of trademarks and its penalties?

What is falsely applying of trademarks and its penalties?

According to the Trademark Act 1999, Section 2 (1) (zb) ” trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include the shape of goods their packaging and combination of colours.”

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Madrid Agreement for International Registration of Trademarks

Madrid Agreement for International Registration of Trademarks

The Madrid System popularly and officially known as Madrid System for the international registration of marks is a system which is centrally administered by the World Intellectual Property Organization (WIPO).

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What is the difference between Passing off and Infringement of Trademark?

What is the difference between Passing off and Infringement of Trademark?

To avoid this kind of practice, Law of Passing-Off was passed which is covered under Intellectual Property Rights in India. The law of passing off is provided under Section 134 1 (c) of Trademark Act 1999. (2) And Section 27 of the Trademark Act 1999 provides a common law remedy. It is a common-law tort which is used for unregistered trademark rights ( a trademark which has not been registered under trademark or patent office is known as an unregistered trademark).

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Section 497 ‘Adultery’: Not in sync with the times anymore

Section 497 ‘Adultery’: Not in sync with the times anymore

The word adultery finds its roots in the Latin term ‘adulterium’ which is the combination of ‘ad’ meaning towards, and ‘alter’ meaning other. For the purpose of relief in matrimonial jurisdiction, Halsbury Laws of England defines adultery to mean consensual sexual intercourse during the subsistence of a marriage between one spouse and a person of the opposite sex not being the other spouse.

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Procedure for grant of patents in India

Procedure for grant of patents in India

A patent is an exclusive right which is granted by the Government for an invention, for a limited time period. This exclusive right of a patentee allows him to prevent a third party from using, selling or claiming the invention for which patent has been granted, in an unauthorised and illegal manner, while the term of the patent subsists. An invention which was granted patent can be used freely by the public after the term of the patent has expired or has ceased to have an effect.

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Qualifications and rights of the patent agent in India

Qualifications and rights of the patent agent in India

A patent agent is a person who is registered and authorized by law to practice before an Indian Patent Office and deal with patent applications. The expertise of a patent agent is used to protect intellectual property and prevent infringement. In order to become a patent agent, one has to qualify the Indian Patent Agent Exam conducted by the Department for Promotion of Industry and Internal Trade.

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