Trademark Due Diligence

It is very important to take IP due diligence to avoid future discrepancy over the use of the mark.  What is IP Due Diligence? Intellectual property is something that is the creation of human minds including inventions, literary and artistic work, industrial models and trademarks used in trade and commerce. In other words Intellectual property […]

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 […]

Opposition of Trademarks and its Timeline and procedures in India

After the examiner reviews the applied trademark and allows it by accepting the mark and publishes it in the Trademark journal. Then the trademark is open for opposition from third parties for the mandatory period of four months from the date of publishing. In case there is no opposition arose from any third party within […]

An analysis of Registration of Olfactory Marks/smell marks

Introduction The basic rationale behind the trademark as a word, symbol is to distinguish one’s gods and services from those of others.  The basic function of a trademark is to distinguish proprietor’s goods and services from those of others. Over the past few years, a new push for registration of trademarks has been given in […]

Intellectual Property Glance

To understand Intellectual Property we distribute it into three categories for better clarity and convenience- The Product of Intellectual Efforts- The product of Intellectual Property could be tangible as well as intangible and could encompass such outcomes as literary creations, artistic creations, books, music, song, dance, drama, sculpture, painting and computer programmes. It is to […]