Category: Trademark

GLAXOSMITHKLINE PHARMACEUTICALS LTD. VS. HORIZON BIOCEUTICALS PVT. LTD & ANR. In the Highcourt of Delhi at New Delhi Pronounced on: 10th April, 2023 The use of the article ”the”, in Section 17(2)(b) of the TradeMarks Act, 1999 is, in our opinion, significant. There is a clear difference between the expressions “common to trade” and “common… Continue reading GlaxoSmithKline Pharmaceuticals Ltd. Vs. Horizon Bioceuticals Pvt. Ltd & Anr.

TRADEMARK AND GST: ‘Clearing the Air’ In present scenario, the goodwill attached to the brands is a vital guiding factor for the consumers to decide on the purchase of the brand products. The role of trademarks in the modern society is dynamic and also the creativity which goes into the development of brands is substantial.… Continue reading TRADEMARK AND GST: ‘Clearing the Air’

The Legality behind N95 as a Trademark N95, Where N stands for “not resistant to oil” and a capability of filtering out 95% airborne particles, a term and technology we know was adopted and invented in 1970s when Sara Little Turnball invented this phenomena and which was introduced in the market by the giant company… Continue reading The Legality behind N95 as a Trademark

Generic name as Domain and its Protection under Trademark law Introduction: The new era of e-age is loaded with information and knowledge and domain name is an integral part of the whole system. Domain names are the internet Protocol address which leads you to find your subject easily, leading to that exact particular page. People… Continue reading Generic name as Domain and its Protection under Trademark law

Trademark: Descriptive or Generic, Distinctiveness Rules its Fate The Supreme Court of United States (further referred as SCOTUS) in its June term resolved the longstanding issue of protecting generic domain names and trademarks. Over the past week, since the opinion was published on June 30th, the SCOTUS’s booking.com ruling has rocked the trademark world and… Continue reading Trademark: Descriptive or Generic, Distinctiveness Rules its Fate

Public outcry makes TM Fair & Lovely Unfair: HUL to delete word FAIR from its brand In the recent news, Hindustan Uniliver has taken a massive step towards rebranding of its popular ‘FAIR & LOVELY’ range by dropping the word FAIR from the same. Though the step is being seen in light of the recent… Continue reading Public outcry makes TM Fair & Lovely Unfair: HUL to delete word FAIR from its brand

Madras High Court reaffirms the law on generic and common trademarks The Madras High Court settled a long-standing dispute between ITC and Nestle which involved their use of generic and laudatory words to describe their product line of instant noodles. The case was titled as Civil Suit 231 of 2013 and was filed by ITC… Continue reading Madras High Court reaffirms the law on generic and common trademarks