Trademark Enforcement Strategies – The Ultimate Path to Protection

Trademarks provide multiple crucial advantages to businesses and customers alike. They validate the source of products or services. Additionally, they help the customers distinguish between brands and understand the quality of the products they buy. Trademarks also carry all the image and reputation a brand builds over the years. The value of a trademark may […]

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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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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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Understanding Freedom to Operate (FTO) Concerning IP & Patents

Three pharmaceutical companies, including Enzon Pharmaceuticals, Micromet AG, and Cambridge Antibody Technology (now acquired by AstraZeneca), in September 2003 announced signing a non-exclusive cross-license agreement. The agreement enabled the three parties involved to obtain Freedom to Operate (abbreviated as FTO), thereby authorizing one another to use some of their respective patented technologies without worrying about Patent Infringement. It also […]

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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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