Tag: Trademark

The High Court of Telangana, in its judgment dated August 24, 2023 in the case of M/s GMR Spintex Private Limited, rep. by its Director v The Regional Director, Ministry of Corporate Affairs , upheld an order passed by the Ministry of Corporate Affairs, where, it directed the change of name of a company on the grounds that it may cause confusion and deception. ......

Apple Inc. ("Apple") is taking on apples everywhere in a truly bizarre trademark battle. Apple has now initiated proceedings in order to secure proprietary rights to the image of apples, the fruit, in Switzerland. Arguably, Apple has now become synonymous with phones, laptops, and with the image of an apple with a bite taken out. ......

Filing for a trademark and having it examined by the Trade Marks Office is only the first step in the journey towards obtaining a registered trademark. Under Indian Trademark law, once a trademark applied for has been examined for objections pertaining to distinctiveness or similarity with earlier cited marks, the trademark application is advertised in the Trademarks Journal. ......

Trademarks in India are governed by the Trade Marks Act, 1999 (“Act”) and Trademark Rules, 2017. The Act provides the procedure for the registration of any mark capable of being represented graphically as a word, device, label, numerals, or combination of colours, shape or sound, and capable of distinguishing the goods or services of one person from another. In other words, a trademark is a source identifier of businesses, products and services. ......

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. ......

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. ......

One of the first questions that comes to the mind of an artist or a creator, as soon as a work is created, is how can the work be protected. Is protection available only if the work is “registered”, or does protection follow automatically from the time of its creation? The issue of whether copyright registration is compulsory or not is a long standing one; and due to various conflicting judgements in India, artists and creators have always been uncertain about this matter. ......

With 2020 being the year when everyone is practically living on the internet, it has been an interesting, challenging, and unprecedented year for those involved in brand reputation and brand management. ‘Cancel culture’ has gripped the world, and brands must now deal with excessive scrutiny and criticism on social media platforms and other forums from audiences belonging to all walks of life. ......

Intellectual Property (IP) not only safeguards just ideas or concepts but protects genuine business assets that are integral to the core services of the business. Obtaining proper IP protection is critical and can make or break a business. The need to protect IP rights across borders has emerged as a significant issue....