Generic trademark cases in india

It is expected that there would be a steady evolution of patent jurisprudence in India. Patent filings too have gone up by 10.56% from 2008-2009 to 2013-2014. Over 75% of patent filings are by foreign entities and so there is a need for concerted action to be taken to increase filings by Indians. Trademarks; Law – Trademark Act 1999 beer marked as Palone 8. Ruling against the Plaintiff in this case, the Delhi High Court opined that a numeral, in itself, cannot be said to have distinctive character and that in any case, the numeral 8 was generally used in the beer industry and other (third party) users had also registered similar trademarks. List of trademark case law. Jump to navigation Jump to search. This list contains an alphabetical listing of historically significant or leading case law in the area of US trademark law A. Anheuser-Busch, Inc. v. L & L

The Hon'ble Delhi High Court in its judgement dated January 3, 2013, in the case of M/S Three- N-Products Pvt. Ltd. vs M/S Kairali Exports and Anr., noted that protection of a generic word as a trademark requires a greater degree of proof and a lot more effort from the person claiming trademark rights over the mark. Overland Inc. 10 the Court emphasised that "An originally non-generic, valid trademark becomes generic and invalid when the principal significance of the word to the public becomes the indication of the nature or class of an article, rather than the indication of the article's origin" .Genericide of trademarks is now a major concern for companies who fear that their trademarks may become victims to their own successes. Once a trademark becomes generic, the company loses all proprietary In certain cases, the courts in India have concluded that numbers do not have a distinctive nature attached to them, thereby, not qualifying to be a trademark. In the case of Radico Khaitan Ltd v. Carlsberg India Pvt Ltd , the Delhi High Court observed that “a numeral cannot be said to have a distinctive character.” Read Well-Known Trademarks in India: Law and Legalities. Trademark Passing Off. The Trademark Act, 1999 under Section 27 provides for the remedy of passing off for misuse of an unregistered trademark by the Defendant. It enumerates that no person shall be entitled to institute any proceeding to prevent infringement of an unregistered trademark. An Insight Into Descriptive Trademarks In India. May, 2016​. In theory, proving that a trademark, such as Choco Treats or Med-Aid, is descriptive of its goods or services sounds easy-done. However, in practice, the recent case Gufic Private Limited and Anr. On the 19 th of April, 2017, the Delhi High Court passed an order in Sunil Mittal v. Darzi on Call, the order for which is available here.This case is very interesting for two reasons: First: The Court clarifies the law on descriptive trademarks – dealing with the fascinating case of the trademark status of a translation of a descriptive term.

While some of the 15 products below are truly victims of genericide, having had their trademarks canceled in a court, others simply failed to register as trademarks at all, or in some cases, weren

19 Jul 2019 A trade mark infringement claim by Dish TV India, proprietors of the Dish TV of law as straightforward and settled as trade marks over generic words, The inquiry confronting the Court in this case can be broken down into  2 Apr 2018 In this article, the trademark infringement case between Guinness World Records (GWR) and Chery Automobile is cited as an example for  20 Jan 2020 Id. Generic marks – those that refer to “the genus of which the particular product is a In Booking.com, the United States Patent and Trademark Office (the “ USPTO”) refused to See Goodyear's India Rubber Clove Mfg. Co. v. 23 Feb 2019 It is to be noted that in such cases, the marks were literal translations, which was not the case in the Fauji matter. The concept of deceptive 

While some of the 15 products below are truly victims of genericide, having had their trademarks canceled in a court, others simply failed to register as trademarks at all, or in some cases, weren

13 Feb 2018 A thorough guide on important aspects of Trademark Law in India explained through statutory provisions and case laws for a broader maker is a question of fact and is not determined by its being or not being descriptive[17].

promotion of generic prescriptions and price control of drugs, the use of INNs for examines the Indian trademark and drug regulatory laws and policies in view of the In case the proposed name is similar to an existing INN, the following.

Pharmaceutical trademarks are subject to the same statutory regime as all other trademarks. This chapter analyses the role played by the Indian judiciary in differentiating pharmaceutical trademarks from other types of trademark. Adoption of pharmaceutical trademark Trademarks derived from generic names or containing common trade elements Indian Trademark Cases Summary for 2015 Author Advocate Amarjeet Kumar registered office of "Vogue India" is in Mumbai. The magazine is processed and published in Mumbai. It was submitted that because the Trade Marks Act, an additional forum has been provided by including a Patent Litigation in India has steadily increased over last 2-3 years. Dramatic swift has been observed in the innovator’s perspective from the mere aspect of invention to gaining patent protection for their respective invention. Patent owners have adopted aggressive approach towards their patent protection and enforcing their proprietary rights as businesses, are now well-positioned in… It is expected that there would be a steady evolution of patent jurisprudence in India. Patent filings too have gone up by 10.56% from 2008-2009 to 2013-2014. Over 75% of patent filings are by foreign entities and so there is a need for concerted action to be taken to increase filings by Indians. Trademarks; Law – Trademark Act 1999 beer marked as Palone 8. Ruling against the Plaintiff in this case, the Delhi High Court opined that a numeral, in itself, cannot be said to have distinctive character and that in any case, the numeral 8 was generally used in the beer industry and other (third party) users had also registered similar trademarks.

Read Well-Known Trademarks in India: Law and Legalities. Trademark Passing Off. The Trademark Act, 1999 under Section 27 provides for the remedy of passing off for misuse of an unregistered trademark by the Defendant. It enumerates that no person shall be entitled to institute any proceeding to prevent infringement of an unregistered trademark.

In certain cases, the courts in India have concluded that numbers do not have a distinctive nature attached to them, thereby, not qualifying to be a trademark. In the case of Radico Khaitan Ltd v. Carlsberg India Pvt Ltd , the Delhi High Court observed that “a numeral cannot be said to have a distinctive character.” Read Well-Known Trademarks in India: Law and Legalities. Trademark Passing Off. The Trademark Act, 1999 under Section 27 provides for the remedy of passing off for misuse of an unregistered trademark by the Defendant. It enumerates that no person shall be entitled to institute any proceeding to prevent infringement of an unregistered trademark.

23 Feb 2019 It is to be noted that in such cases, the marks were literal translations, which was not the case in the Fauji matter. The concept of deceptive  17 Aug 2018 The Madras High Court in the case of N. Ranga Rao & Sons v. India: Madras High Court on Defensive Trademark Registration and 'Brand' used in N. Ranga Rao's mark were generic words, which were not been used in  the idea of “capturing” a trademark that was once generic should be the mirror image far as the 1938 Shredded Wheat case,5 in which the Supreme. Court explained that See Goodyear's India Rubber Glove Mfg. Co. v. Goodyear Rubber  Advance noted that it first filed to register the “VOGUE” trademark in India in 1976 . of Indian celebrities in reputed international publications and decided cases “Vogue” trademark is little more than an ordinary, descriptive word that means  promotion of generic prescriptions and price control of drugs, the use of INNs for examines the Indian trademark and drug regulatory laws and policies in view of the In case the proposed name is similar to an existing INN, the following.