Delhi High Court Held that Exact use of Trademark needed to constitute as Trademark Infringement

Recently Delhi supreme court during a case of Mankind Pharma Ltd Vs Chandra Mani Tiwari and Anr. held that ‘to constitute infringement under Section 29(5), it’s required to possess an equivalent or identical brand name and merely having an identical or deceptively similar trademark to the registered trademark wouldn’t constitute infringement.’ Brief Facts The plaintiff […]

What steps should Trademark owners take to avoid future Litigation

In recent times it is very important to protect your brand name as others may commercially disparage your brand. Trademark infringement is very common these days, therefore it is always advisable to take protection of your brand name.  Trademark owner at initial stage and do so much to avoid future litigation or conflicts. The following […]

A Legal Analysis on Non-Conventional Trademarks

Nature and Scope of Non-Conventional Trademarks Traditionally Trademarks of name, logo, symbol, tagline get registered and are referred to as conventional trademarks. Although now a days trademark isn’t limited to only registration of name, logo, taglie, symbol etc but it also includes Trademark of Smell, taste, Texture, Hologram, motion, shape and therefore the ambience of […]

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 […]