Intellectual property rights cover several areas, including Trademarks, Patents and Copyright, Geographical indication. These rights are essential to the owners and can attract high values to the person or business with the benefit of them. Infringement Using intellectual property rights without the legal owner’s consent can cause damage and loss to the owner, giving rise…

Trademark infringement is the unauthorized use of a trademark or service mark (or a substantially similar mark) on competing or related goods and services. The success of a lawsuit to stop the infringement turns on whether the defendant’s use causes a likelihood of confusion in the average consumer. When infringement occurs, a trademark owner (the…

a. TM Search: it helps pre-empt trademark litigation by letting us know if there are similar trademarks in the registry. b. Filing TM Application: the next step is to find a trademark application at the Trademark Registry India. Once the application is filed, a receipt is provided for future reference. c. Examination: after the trademark…

Acquiescence essentially entails your “passive consent” to allow another user to use your registered trademark despite being aware of such use by the other user. Thus, if such a use of your registered trademark is not challenged by you within a statutory period of five years, then you effectively forfeit your right to sue the…

The Central Government through an Ordinance, to be specific the Tribunals Reforms (Rationalization and Conditions of Service) Ordinance, 2021, published in the Gazette of India dated April 4th, 2021 (the “ordinance”) has nullified the Intellectual Property Appellate Board (IPAB) which was set up in 2003 under Trade Marks Act, 1999 and was exercising original and…

Trademark infringement by means of counterfeiting is a crime while ordinary infringement of a trademark is a statutory civil wrong. Criminal counterfeiting inevitably constitutes a civil infringement of the registered trademark. Now talking about counterfeiting, it is nothing but the prosecution having the ability to prove that the goods are not genuine, meaning that they…

Every entrepreneur wants to market their brand and make it big. They invest in the building up of this brand and later gain returns on the same, once they have established themselves in the market. But, how does one distinguish themselves from their competitors; What is the entrepreneur branding? This is where trademarks come into…

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