Overview of Trademark Opposition in India

In India, the Trademarks Act of 1999 (referred to as ‘Act’ further in this article) forms the legal basis for Trademark Registration, protection, and enforcement. The owner of a proposed trademark has to file a Trademark Application with the Registrar of Trademarks (referred to as ‘Registrar’ further in this article) at the Trademark Office for its registration. Upon receiving the trademark […]

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Protection of Color Trademarks under the Indian Trademark Law

A trademark refers to a recognizable expression, design, or sign uniquely identifying the products or services of a specific source and differentiating them from those of others. A trademark may be located on the packaging, voucher, label, or the product itself. Other than traditional or conventional trademarks, another category of trademarks exists, known as non-traditional […]

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Registration of Motion Mark as Trademark in India

With the increase in globalization and cross-border trade, intriguing types of trademarks are trending and have become a crucial tool to signify a company’s identity. Business companies across the globe understand the utmost importance of the internet and different social media platforms and are therefore enhancing their logo with unique visual effects and animation. The […]

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Sound Trademarks and their Registration in India

Sound trademarks are widely recognized in developed nations like the United States, and their knowledge is now rapidly growing in developing nations like India. In India, a sound that can be graphically represented by a succession of musical notes with or without words can obtain Trademark Protection. Under the Indian Trade Marks Act of 1999, if a […]

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Similar & Identical Trademarks in India – How to Identify Them Well?

It is imperative to have Registered Trademarks in place to have one’s business stand out in the market and create a significant brand value. However, developing a unique and eye-catching mark is not an easy task. In India, trademarks are registered, protected, and enforced under the Trademarks Act of 1999 (referred to as the ‘Act’ further in this article). The […]

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How Do People End Up Losing Their Trademark Rights?

What happens after you get your mark registered as a trademark? Your Trademark Application gets approved, and you receive your registration certificate. Don’t let that Trademark Registration certificate fool you. It will surely declare your exclusive Trademark Rights to a logo or name; however, it is essential to note that you can lose those rights just as easily as you acquired […]

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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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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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Can QR Codes be Trademarked?

Those in the print industry have been eager to adopt quick response codes over the past few years. The relatively new advent allows the marketers to put the barcodes on several different items and allow smartphone users to scan them and discover more information. A QR (shorthand for ‘Quick Response’) code is a machine-readable matrix […]

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