What are unconventional trademarks and its types?

The following types of trade marks come under the category of unconventional trademarks: Colour trademarks Sound marks Shape of goods, packaging Smell trademarks Colour trademarks: To constitute this kind of trademark, a colour or a combination of colours must be capable of distinguishing the goods or services from one trader to other traders. The extensive use of two colours in many different arrangements may results in the colour combination per se becoming distinctive of the applicant’s goods. If the colours…

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What is trademark dilution? – Trademark Registration in Coimbatore

Dilution of trademark: Trademark dilution is a legal clause which allows the company to prevent others from using such a mark in a way that would lessen the unique standing of the trademark. The owner of the trademark can take the legal action against anyone who purposefully blurs or tarnishes the mark. It is somewhat related to lowering the value of earlier trademark. The mark is said to be diluted if the exclusivity of the earlier trademark gets lowered. It…

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Honest practices – Exception to infringement – Trademark Registration

Honest practices: Exception to infringement: Legal provision in section 30: We had earlier said, if the trademark system is to be used as an input to economic development then the concept of honest practices in industrial or commercial matters is destined to grow. The pleading and case law on honest practices have grown to a considerable extent. The growth of the subject matter of section 30 would serve as an index that the judiciary contributes to the monopoly or allows…

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Stay of infringement proceedings – challenge to validity of marks

Stay of infringement proceedings – challenge to validity of marks: It would be useful to appreciate the possibility of challenging the registration of trademark when a registered mark launches an infringement action or sometimes even gives a notice of an impending action. As has been mentioned that more often actions of infringement and passing off are combined, many a time even though the objection is taken against the registered trademark, but full scale are not taken. The proper course is…

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Impact of exhaustion on practices and prices – Trademark Registration in Coimbatore

Impact of exhaustion on practices and prices: When the controversy of parallel imports had not taken a definite shape, position has been as follows. It is clear that IP laws viz patents act, trademarks act and copyrights act and rights under these laws interplay with the movement of goods which have IP incorporated in them. The goods may be restrained or allowed to the proprietors or the rights holders for a given country, when other licensee or the government may…

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What is parallel imports and the exhaustion of rights?

Benefits of parallel imports suffice to apply the exhaustion: It is beyond doubt that restricting parallel imports benefits trademark owners and the local licensees. The application of the doctrine of international exhaustion and resultants parallel imports are resented by the local licensees. The economic interests of the consumers appear to justify the application of the doctrine of international exhaustion so as to reap the benefit from lower prices, resulting from parallel importation and greater competition. If the parallel imports do…

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Protocol relating to the Madrid agreement concerning the international registration of marks

Protocol relating to the Madrid agreement concerning the international registration Article 1: Membership to the Madrid union: The state party to this protocol therein after referred to as “the contracting states”, even where they are not party to the Madrid agreement concerning the international registration of marks as revised at Stockholm in 1967 and as amended in 1979 and the organisation referred to in article 14(1)(b) which are party to this protocol hereinafter referred to as “the contracting organisation” shall…

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All about the registrar and the amendments in the trademark application

Amendments of review application: The amendments of application for review may not be allowed except in very special cases. If the effect of allowing the amendment would be to take away from the respondents the defence of limitation of time, if any, prescribed under the rules it would unjustly prejudice their rights and amendment should not be allowed. Procedure: If the decision sought to be reviewed concerns any other person, such application and statement should be made in triplicate and…

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All you need to know about the rights of a trademark

Rights available under the constitution of India: The following two rights of trademarks are in the nature of rights governed by the constitution of India. These rights cannot be taken away by any legislation to the contrary. The right to impart information through trademark is equal to constitutional rights pronounced by courts. The right to be able to possess, own and use a trademark in relation to merchandise or services has been placed by the court on the footing of…

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Things to consider about logo designs – Logo Registration in Coimbatore

Great logo requires a mixture of designs skills, innovative theory and a skilful application. Fit-for-purpose logo is the ultimate thing for any designer, but mastering from all aspects of the craft takes time. Logo design is the important element of branding since these days there are number of activation points such as campaigns on social media, promotional posts, but the logo or the brand mark been the centerpiece for most of the branding schemes. Logos hold an inevitable place in…

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