Trademark

Trademark

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A Moment to Remember: Personality rights, Moment market...

India’s ace badminton player PV Sindhu created history by winning a bronze medal in the Tokyo 2020 Olympics held recently, joining the ranks of a select few who have one more than individual medal in the history of the games. ......
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To Litigate or Arbitrate, a “Heroic” Dilemma

As intellectual property disputes grow in number in India, corresponding questions arise regarding the most appropriate adjudicating authority to be approached for redress. Besides regular courts, IP disputes also occasionally make their way into arbitrations. But the circumstances under which IP disputes can be referred to arbitration are not always clear. ......
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Who Judges Whom: Turf Wars, Forum Shopping and Anti-sui...

An anti-suit injunction is an order by the court which restricts a party from filing or continuing with proceedings in another court, including foreign courts, with regard to the subject matter of the suit. When courts are approached by a party seeking an anti-suit injunction, they generally establish a ‘forum conveniens’, i.e., determine the most appropriate forum to decide upon the dispute. ......
FAQ-Trademark
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Overview of stages, process and time required for regis...

What are the various stages involved in the registration of an Indian Trademark? The Trademarks Law in India is governed by the Trade Marks Act, 1999. The Act provides for registration of any mark which is capable of being represented graphically as a word, device, label, numerals, or combination of colors and capable of distinguishing the goods or serv......
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Criteria for determining well-known trademark in India

What is a Well-Known Trademark? The term ‘well-known trademark’ refers to a mark which has become so well-known to the substantial segment of the public through its extensive and continuous use. Use of the mark in relation to any other goods or services by another party may be taken as indicating a connection between the two parties.Individuals/ Compani......
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Fees for filing a trademark in India based on category ...

What is the official fees payable by an applicant for filing a trademark application in India? The official trademark fees payable by an applicant is INR 9000 (USD 145). Can an Applicant claim a reduction in the official fees? Yes, the applicant can claim a reduction in the official fees by approximately 50% if at least one of the following condit......
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Opposition procedures and timelines for a trademark in ...

What is the next step once the trademark has been advertised in the Trademarks Journal? After the examiner reviews the trademark, if the trade mark application is considered allowable, the application is advertised in the Trademarks Journal. Once advertised, the trademark is open for opposition purposes for a compulsory period of four (4) months. In case no o......
Madrid Protocol India
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Filing trademarks in India and overseas through the Mad...

What is the Madrid Protocol? The Madrid Protocol provides for the international registration of trademarks by filing a single International Application. Indian companies which have procured trademark registrations and/or have pending applications with the Trade Marks Office in India can file a single International Application (“IA”) under the Madrid Protocol.......
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Documents required for Trademark registration in India

Who can file a Trademark application in India? Any person claiming to be the proprietor of a trademark, used or proposed to be used by him, may file an application for the registration of a Trade Mark. Generally, the person who uses or controls the use of the mark, and controls the nature and quality of the goods to which it is affixed, or the services for wh......
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