How to Obtain a Well-Known Trademark Status in India

A regime for the protection of well-known marks was first introduced by the Paris Convention in Article 6bis, which provides that: “The countries of the Union undertake, ex officio if their legislation so permits, or at the request of an interested party, to refuse or to cancel the registration, and to prohibit the use, of a trademark […]

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Cybersquatting of Domain Names

The internet boom had reverberating outcomes of which the expansion of Trademark Law was one. Consumerism and commercial activities over the internet brought with it the challenge of Domain Name disputes because of dilution and infringing acts. Although the issues exist within the realm of trademarks, they still need a thorough reading in the light […]

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Intellectual Property in the FMCG Industry

Fast Moving Consumer Goods (FMCG) are those with a limited shelf life. This short durability is because of high consumer demand and because the very nature of the product suggests quick depletion. The term FMCG applies to almost every category of consumer goods, ranging from food and beverages to household cleaning products, medicines, cosmetics, clothing, […]

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Is there a Nexus between Unfair Trade Practices and Trademark Law?

Before getting into a comprehensive analysis of how unfair competition is intertwined with trademarks, the question that needs to be asked is, what is unfair trade practice? Unfair trade practices refer to the use of various deceptive, fraudulent, or unethical methods to get business. Unfair trade practices include misrepresentation, false advertising of a good or […]

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Brand Protection Strategy and Intellectual Property

Technology and science are ever-evolving in times of digitization and globalization. For keeping in pace with the demands of the consumers as well as stakeholders of a business, the law comes in handy. This article will project some light on the intermingling role of Intellectual Property (IP) in the domain of brand protection in the […]

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Plain Packaging in the Tobacco Industry and its Impact on Trademarks

Plain packaging refers to the laws or regulations requiring that cigarettes are to be sold in standardized packs without any stylized trademarks, logos, or colors. Instead of branding information, the cigarette packs are dominated by graphic health warnings and other legally required information and tax-paid stamps with only minor space reserved for the brand name […]

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The Role of Trademark in Cultural Appropriation

We have seen countless instances where massive public uproar emerged when brands have come up with merchandise that ‘borrowed’ elements from different cultures. WIPO defines ‘traditional cultural expressions’ as including “music, dance, art, designs, names, signs and symbols, performances, ceremonies, architectural forms, handicrafts, narratives, and many other artistic or cultural expressions.” The role of a […]

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Aligning Outer Space and IPRs – A Pressing Priority

“The exploration of space will go ahead, whether we join in it or not, and it is one of the great adventures of all time, and no nation which expects to be the leader of other nations can expect to stay behind in the race for space.” – John F. Kennedy The explorative and exploitative […]

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Celebrity Rights under Intellectual Property

Have you ever wondered whether a celebrity has rights over his or her name, personality, the image in society, photographs, and publicity? The answer is a definite yes. The term celebrity comes from the Latin word ‘celebritatem,’ which means the condition of being famous. Today, actors, authors, artists, politicians, models, athletes, musicians, singers, television personalities, […]

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A careful dissection of the Madrid System

It is appropriately established that the Madrid System is bifurcated into the Madrid Agreement (1891) and the Madrid Protocol (1989). It was a welcoming introduction in the realm of trademarks for it sought to marshal and leave tangle-free the filing of trademarks abroad, which was regarded as being quintessential since trademark laws in all jurisdictions […]

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