Trademark Law Archives

Doctrine of Foreign Equivalents under (Indian) Trade Marks Law

The foreign equivalents doctrine is a rule in U.S. trademark law that requires courts and the Trademark Trial and Appeal Board (TTAB) to translate foreign words when evaluating their suitability for trademark registration or possible confusion with existing registered marks. This translation is crucial for assessing the registrability of a trademark. The principle seeks to […]

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Understanding the Madrid System for International Trademark Registration

Trademark Law

Why Register Your Trademark Internationally? In today’s globalized economy, protecting your brand internationally is more critical than ever. The Madrid System, administered by the World Intellectual Property Organization (WIPO), offers a streamlined, cost-effective solution for businesses seeking trademark protection in multiple countries. This post will explore the benefits, application process, and strategic advantages of using

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The Dichotomy Of Registered and Permitted Users Under The Trade Marks Act, 1999

Intellectual Property Rights, Trademark Law

Introduction The creation of a trademark results in the rise of certain proprietary rights, which can be exclusively exercised by the proprietor. These exclusive rights do not only provide them with the unequivocal authority to utilize and employ their mark, but also the exclusionary authority to control and regulate its use by any other entity.

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How to Protect Your Trademark for Unregistered Goods and Services

How to Protect Your Trademark for Unregistered Goods & Services

Trademark Law

The Trade Marks Act, 1999 (hereinafter referred to as ‘the Act’) provides a trademark proprietor with the exclusive right to use the registered trademark in respect of the goods and services for which the registration has been made.[1]Where a registered trademark is being used in circumstances not covered by the scope of registration i.e., used

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