Focus Keyword- Appellate Board Additional Keywords- Section 83, the establishment of the appellate board, Section 84, the composition of the appellate board ESTABLISHMENT OF THE…View More Establishment and Composition of Appellate Board under the Indian Trademarks Act
FACTS The appellant and the respondent are pharmaceutical companies who have launched medicinal products named Falcitab and Falcigo respectively and registered it in the year…View More Cadila Healthcare Limited Vs Cadila Pharmaceuticals Limited, 26th March 2001
Focus keyword- Trademark Registration Additional Keyword- Section 18, duration of registration, opposition to registration The Trade Marks Act, 1999 and the Trade Marks Rule, 2015…View More Procedure for registration of a trademark 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.View More What Trademarks are registrable in India?
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.View More PATEL FIELD-MARSHAL AGENCIES v/s P.M.DIESELS LTD.
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.”View More What is falsely applying of trademarks and its penalties?
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).View More Madrid Agreement for International Registration of Trademarks
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).View More What is the difference between Passing off and Infringement of Trademark?
The Trade Marks Act, 1999 defines a “trademark” under Section 2(1)(zb). A trademark means “a mark capable of being represented graphically and which is capable of distinguishing the goods and services of one person from those of others and may include the shape of goods, their packaging and combination of colours.”View More What are the grounds for refusal of registration of a trademark?
Facts In the instant case, both the Appellant and the Respondent were a Pharmaceutical company involved in the manufacturing of pharmaceutical products in various countries.…View More Milmet Oftho Industries & Ors vs Allergan Inc on 7 May 2004
The trademark law includes within its scope a separate category of marks known as collective marks. The World Intellectual Property Organization (WIPO) has defined these…View More Collective Marks under the Trademark Act