Can You Trademark A Hashtag?

All ardent social media users are aware of the latest trend of using hashtags to spread the word across a wide range of users for bolstering consumer engagement. Often, hashtags help businesses reach out to their target audience and connect with them, which may further help them attain and achieve goodwill and raise awareness about […]

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Conducting a Trademark Search in India – Everything You Must Know

The Trade Marks Act, 1999 governs and deals with the mechanism of registration, protection, and illegal use of trademarks in India. Additionally, it also deals with the exclusive rights of a trademark owner, penalties for Trademark Infringement, remedies for damaged goods, and modes of transference of a Registered Trademark. In the market, a trademark performs the following four […]

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Position Marks

Some marks that label a product become distinctive just because of how they are positioned in a product. Today, we as consumers can easily identify the products of popular brands due to the positioning of some specific elements on the products, for instance, the three stripes of Adidas, Louboutin’s red sole shoes, or the red […]

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3D Shape Trademark on Cars

Trademarks indicate the origin of a product. While they commonly consist of a brand name or logo, the shape of a product may also be an indication of its origin. However, shape marks are not easy to register. For being registered as a trademark, the 3D shape of a product must be shown to have […]

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Protecting your Trademark from Non-Use Cancellation

It is becoming increasingly vital that Registered Trademarks are used to maintain their validity and their ability to be enforced against third parties. The removal of any registered trademark from the register of trademarks based on the non-use of the trademark during a specified period concerning the goods or products specified in the Trademark Application is termed as trademark […]

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Saving your Mark from Trademark Genericide

Today, several generic terms that we use, such as ‘escalator,’ ‘xerox,’ ‘cellophane,’ sound common but were once protected as trademarks. How have then they become generic terms? In the Trademark Law context, genericide, or the conversion of a trademark into a generic phrase, occurs when a trademark becomes the generic word for the product or […]

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The Importance of Trademark Clearance Searches for Businesses

Any business owner looking to distinguish himself from others in the market would be wise to safeguard the elements that make his business unique. The same can be possible through trademarking any word, symbol, design, or phrase that the company uses to identify itself in the marketplace. However, the owners must conduct diligent research before […]

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Licensing of Trademarks

A trademark is an important business asset that offers protection to a brand. Businesses own valuable trademarks, which, once registered, can be licensed out. The rights that flow from a trademark can be licensed to others to receive royalties for commercialization. Licensing your trademark can be a beneficial business strategy that can not only strengthen […]

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Bombay High Court Rules that Copyright Registration of a Label is not Compulsory

Overview The two parties involved include Sanjay Soya Private Limited (SSPL) and Narayani Trading Company (NTC). Both of them specialize in refined edible oil products. The dispute between the two arose concerning the use of packaging in their respective products. The plaintiff, SSPL, had filed a lawsuit against the defendant NTC in the Bombay High […]

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Can Common Terms Be Trademarked?

A trademark is typically a sign, logo, symbol, word, phrase, design, or combination of them, which identifies the product or service of a particular brand. It recognizes the corporate identity of the brand. To sell the product, using the brand name makes it a trademark. However, one should keep in mind that the Trademark Rights […]

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