Understanding the Scrutiny Report Or discrepancy Notice Issued by Trademark Office in India

Scrutiny Report or Discrepancy Notice By filing a Trademark Application in the Registry, Registration of Trademark is being done. After registration if any changes are to be made, an application is given to the Trademark office. This application is to be given along with the supporting documents or forms to the Trademark office. If the […]

Can the surname of a person be Trademarked?

Surnames and Trademarks Generally in India we have seen that businesses have been started by the surname of their family members or from the surname of a person who is starting the business. This practice has been followed in India for a very long time and such practice of adopting surnames for the name of […]

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 […]