Category: Trademark Act 1999

REASONS WHY TRADEMARK CAN BE REJECTED

Trademark registration is a vital step for businesses and individuals seeking to protect their brand identity. A trademark not only offers legal protection but also helps establish trust and brand recognition in the marketplace. However, not every trademark application is successful. The Trademarks Act, 1999, outlines various grounds under which a trademark application can be […]

RULE 43 OF THE TRADE MARK RULES, 2017: REQUIREMENTS OF NOTICE OF OPPOSITION

In today’s competitive world, a trademark is more than just a symbol; it represents a company’s identity. The application for registration ofa new trademark which is identical or confusingly similar to an already existing trademarkjeopardises brand recognition, customer trust, and market share. To protect the already existing trade mark, the notice of opposition plays acrucial […]

Ethical Considerations in Trademark Law: Why Playing Fair Matters

Introduction In this age of competition, the name, logo, and identity of a brand are everything. Brands are recognized by their names and logos, so that is part of the reason people trust them. But what if somebody unjustly replicates a well-known brand’s emblem or title? This is where the ethical aspects of trademark law come in.There’s more […]

Section 8 Company Closure and Workforce Management

Introduction A Section 8 Company is a company which is established for charitable purposes. Section 8 Company is basically a Non-Profit Organisation which is registered under the provisions of the Companies Act. Establishing and running a Section 8 Company is a tedious task requiring various workforce management compliances like notice period rules for employee, employee […]

INTELLECTUAL PROPERTIES: IN MY DREAM HOUSE

It’s a story of a dream home (sapano ka ghar). Although this story or the seed of this dream started from my childhood. I have been raised in a family of eight people: my mom dad and 5 siblings. We all used to live in an apartment in Deeg, a small city near Agra. Moreover, […]

ASPECTS ON INTELLECTUAL PROPERTY OR INDIRECT TAXATION

It’s easy to understand what Intellectual Property Rights (IPR) and indirect taxation are.Indirect Taxation and Intellectual Property Rights (IPR) will be talked about today. These are both very important in the business and law worlds. Intellectual Property Rights (IPR) protect any new invention, idea or work. Protecting creative ideas is what Intellectual Property Rights (IPR) […]

SECTION 34 OF THE TRADE MARKS ACT, 1999

Section 34 of the Trade Marks Act, 1999 is arguably one of the most fundamental sections of the trademark law in India. The primary objective of the trademark law is to protect the rights of the genuine prior users and original adopters of the trademark and section 34 is one of the tools to ensure […]

Conflict Between the Anti-Dissection Rule and the Law of Dominant Feature in Relation to the Trade Marks Act 1999

Learn about basics of Rule of Anti-Dissection and Dominant Feature and know about their inter-relationship.

Section 18 of the Trademarks Act 1999: Application for Registration

The Trademark law in India provides a structured process for the registration of trademarks. This is done in order ensure brand protection and legal enforcement against any type of infringement. Under the trademark law the central provisions which govern the trademark registration in India is the Section 18 of the Trademarks Act.  This section specifically […]

Section 17 of the Trademarks Act & the Anti-Dissection Rule

Introduction The Trademark law in India plays a crucial role in protecting one’s brand identity, and ensuring fair competition a cutthroatmarket. Unsurprisingly, Section 17 of the Trademarks Act 1999 stands up to the task. As it governs the rights conferred on a registered trademark as a whole, which in turn reinforces something called the Anti-Dissection […]

SECTION 28 OF THE TRADE MARKS ACT, 1999

The Trade Marks Act, 1999 provides legal protection to registered trademarks, allowing owners to exclusively use and also to sue other trade marks for infringement. This exclusive right to use the registered trademark is provided under section 28 of the Trade Marks Act.  This article discusses the provision of section 28 of the Trade Marks […]

SECTION 27 OF THE TRADE MARKS ACT, 1999

The Trade Marks Act, 1999 provides legal protection to registered trademarks, allowing owners to exclusively use and also to sue other trade marks for infringement. Section 27 of the Trade Marks Act also provides statutory protection to unregistered trademarks by upholding common law rights through the passing-off principle. In accordance with section 27 of the […]

SECTION 21 OF THE TRADE MARKS ACT, 1999

A trademark is a unique symbol, logo, word, design or combination of these which is capable of being distinguished from the goods and services of one person or entity from that of another person or entity. By virtue of registration of a trade mark the owner of the trade mark enjoys exclusive right to use […]

Section 12 of the Trademark Act, 1999: Registration in the Case of Honest Concurrent Use & Special Circumstances

The purpose of the Trade Marks Act, 1999 is to grant exclusive rights to a proprietors over their originally adopted and conceived mark while preventing any unauthorised use of such protected mark by anyone other than the original adopter and lawful proprietor. However, there are certain special circumstances in which the Trade Mark Act allows […]

SECTION 11 OF THE TRADE MARKS ACT, 1999: RELATIVE GROUNDS OF REFUSAL OF REGISTRATION

The primary and fundamental purpose of trademarks is to act as brand identifiers creating a distinction between the goods & services provided by one person from that of the other’s in the market. This consequently necessitates that the trade mark so adopted be distinctive and capable of aiding differentiation amongst similar set of goods & services rendered […]

SECTION 9 OF THE TRADE MARKS ACT 1999: ABSOLUTE GROUNDS OF REFUSAL OF REGISTRATION

Introduction  Trademarks include any sign, symbol, slogan, mascot, or phrase used in business that helps distinguish the goods and services of one person from another. Essentially, the purpose of a trademark is to act as a source identifier, associating the goods and services bearing a particular mark with their originating source. For example, the use […]