Delhi High Court restrains “Thefauxy.com” from Infringing the Trademark “Budweiser”

Delhi High court vide its order dated July 30, 2020 granted an ad-interim injunction in a suit filed by Budweiser for Trademark infringement, unfair competition, and commercial disparagement and dilution and tarnishment of its goodwill and reputation of the brand “Budweiser”. Brief Facts In an instant case Defendant No. 1,2 and 3 who run a […]

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- […]

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 […]