Brief Order A Must For ‘Advertisement Before Acceptance’ of Trademark

Brief Facts of the case In this case the Petitioner i.e. Mr. Jai Bhagwan Gupta who owns the Trademark “Jeera Pujari (Word mark)” and “Jai Pujari Brand (label mark)” and have been duly renewed by the petitioner. Later on he came to know that despite Petitioner’s already registered mark, trademark registry has advertised the respondent’s […]

M/S Castrol Limited & Anr. v. Iqbal Singh Chawla & Anr.

In the above case the judgement was decreed in favour of Castrol Limited and permanent injunction was granted to the Iqbal singh Chawla i.e. the defendant from using the mark “ACTIV” or “ACTIVE”.  However when we talk about Trade dress, it is combinationation of different elements of packaging of goods that is used for its […]

Indian Law and Well Known Trademark

What is a well known Trademark? As per Trademarks Rule, 2017, a new procedure has been introduced by the Trademark registry which allows Trademark registrar to proclaim a particular trademark as “Well Known”. Section 2 (1)(zg) of the Trademarks Act, 1999 defines Well known Trademarks and states that well known trademark is a mark which […]

Trademark/ Copyright Litigation procedure and Strategies in India

If any brand has attained its popularity and genuinity in the market, then it is important for that brand ti commercially protect it from being misused by any thor parties. Therefore Intellectual Property protects these brands from being misused.  But many times the original brand’s replica or duplicate products are sold in the market at […]

How to Defend a Trademark Opposition?

Why would someone oppose your Trademark Application? One of the reasons that third parties would oppose your Trademark Application is that your mark is somewhere identical or similar to his mark because of which likelihood of confusion would be there amongst the consumers. In such case the burden falls on the opponent to proof that- […]