Trademark

What Evidence Wins a Trademark Opposition in India? A trademark opposition in India is not decided merely on the basis of which party presents a stronger argument. Once the pleadings are complete, documentary and affidavit evidence can become extremely important in establishing the facts relied upon by either party. An opponent may claim that it

In today’s competitive market, consumers often recognise a product before they actually read its brand name. A particular colour combination, bottle shape, packaging style, label design, typography or overall appearance can immediately remind a consumer of a particular brand. This is where the concept of trade dress becomes important. Trade dress broadly refers to the

Trademark opposition in India is an important legal process that allows a person or business to challenge the registration of a trademark before it is officially registered. If a trademark application is accepted by the Trade Marks Registry and published in the Trade Marks Journal, third parties get an opportunity to oppose the registration within

Introduction The food and FMCG (Fast-Moving Consumer Goods) industry in India is highly competitive and continues to grow rapidly. Every year, thousands of new businesses launch products such as packaged foods, snacks, spices, beverages, dairy products, bakery items, household products, and other consumer goods. In such a crowded marketplace, a strong brand identity can play

Introduction Trademark registration is an important step in protecting a business’s name, logo, slogan, product identity, and overall brand. However, with the increasing number of trademark applications and registrations, trademark scams and fake registration notices have also become a growing concern for businesses in India. Business owners may receive emails, letters, WhatsApp messages, SMS alerts,

The HC sensibly protected distinct trademarks and prevented consumer confusion, but rejected monopolizing the common or place name MALABAR without proof of the public links the word alone to the appellant In the recent trademark news of MALABAR GOLDS the Kerala HC set aside a finding of passing off against a delhi jeweller and held

The case shows that trademark rights depends upon the prior registration and distinctiveness, not just a cultural inspiration. It also highlights that businesses should be clear and register brand names early In the recent news of China, a well known Chinese milk tea chain has been found guilty by the court and has been asked