Intellectual Property Rights in QR Codes and Barcodes in India

Quick Response Codes (QR Codes) and Barcodes use the underlying technology of encoding specific data or information in unique combinations and patterns of letters, numbers, shapes, etc. A barcode comprises vertical lines and spaces of different lengths and widths with a combination of numbers and letters printed underneath it. Every barcode has a distinctive pattern […]

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India – Trademark Protection in the Hospitality Industry

The hospitality industry of India has undoubtedly become an exceedingly crucial service provider across the nation. Due to the increase in tourism, the role of restaurants and hotels has also increased. By establishing a brand name, a service provider in the hospitality industry can benefit from having many customers and build a good reputation. However, […]

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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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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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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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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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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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Limited Edition Products: Can they be Protected under IP Law?

Several times, we see that luxury brands come up with limited edition products, whether it is cars, watches, cosmetics, chocolates, electronics, etc., and enthusiasts do not spare even a moment to get their hands on these products. Limited edition means that the company sells ‘altered’ limited units of an original best-selling product that already exists […]

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The Concept of Family of Trademarks

What is Meant by a Family of Trademarks? Trademarks are distinctive marks, symbols, or labels used to differentiate goods belonging to one entity from that of another to avoid deception concerning the origin of those goods or services. These intangible assets are often used in collaboration with other marks by the formation of a trademark […]

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