Trademark Law
The use of marks to identify and distinguish property dates way back. The history of trademark law begins with trademark laws were first officially passed in the 19th Century by Europe and the United States. However this is not the first Trademark like situations that have emerged in History. Throughout history, going back thousands of years, there have been marks, symbols, or graphics that have been associated with specific individuals or organisations.
The origin of Trademark Law in India can be traced back prior to 1940 when common law principles of equity and passing off were administered for protection of trademarks. The Indian Trademark law was passed in the year 1940. Thereafter with the increase in trade and commerce a need was felt by the Legislature for robust proprietary laws and accordingly the legislature replaced the Act of 1940 with Trademark and Merchandise Act, 1958. Thereafter in order to conform to the requirements of Trade- Related Aspects of Intellectual Property Rights (TRIPS) and in view of enhanced globalisation of trade and technology the Trademark Act, 1999 was passed by the Legislature which came into effect on 15th September 2003. The Trademark Act, 1999 provides for registration of services marks and collective trademarks and protection for well known marks and constitution of IPAB (Intellectual Property Appellate Board) for speedy disposal of appeals and rectification applications. In the year 2010 the Trademark Act, 1999 was further amended through Trademarks (Amendment) Act, 2010 incorporating Chapter VI in the Act which embodies Special provisions relating to Protection of Trademarks through International Registration under Madrid Protocol.
WHAT WE OFFER
- Search and investigation for the availability of the Trademark
- Filing of a Trademark
- Prosecution of Trademarks
- Registration and renewals
- Trademark Licensing and commercialisation.
- Trademark watch services, conducting raids and investigation for Trademark enforcement
- Litigation across Courts and Tribunals.
- Registering and maintaining Domain names and periodic renewals. Assistance in case of Domain name disputes.
India’s first dynamic injunction issued to block access to “rogue websites.”
UTV SOFTWARE COMMUNICATION LTD. & ORS. VS. 1337X.TO AND ORS. (Order dt.10.04.2019 CS(COMM) 724/2017) FACTS: The Plaintiff, including UTV Software Communications Ltd., are companies engaged in creating content, producing and distributing cinematographic films around the world including in India. The Defendants are thirty identified websites, along with John Doe Defendants, the Ministry of Electronics and […]
An insight into the Trademarks Law in India
1.What is a trademark? A trademark (popularly known as brand name) in layman’s language is a visual symbol which may be a word signature, name, device, label, numerals or combination of colours used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating […]
Delhi High Court sets aside order restraining E-commerce platforms from selling goods of Direct Selling Enterprises
AMAZON SELLER SERVICES PVT. LTD. VS. AMWAY INDIA ENTERPRISES FAO (OS) 133/2019. DECIDED ON 31.01.2020 Six appeals were filed against the impugned common judgement dated 08.07.2019 passed by the Ld. Single Judge of Hon’ble Delhi High Court. By the said judgement the Ld. Single Judge had passed an injunction against Amazon and similarly situated Companies […]
Draft National E- Commerce Policy
The Government released the Draft National E-Commerce Policy which, inter alia, recommends that e-commerce platforms (intermediaries) be mandated to undertake certain anti-counterfeiting and anti-piracy measures. The Draft Policy is all- encompassing, covering the various dimensions of e-commerce, including data, consumer protection, intellectual property and competition. While many of the anti-counterfeiting measures are well-balanced and promote transparency […]
An unregistered Assignment Deed holds no validity under the Trademarks Act, 1999; Court need not hold trial in a commercial suit if Defendant lacks a real prospect of success.
In the matter of: SU-KAM Power Systems Ltd. Vs. Mr. Kunwer Sachdev & Anr. CS (COMM)1155/2018 FACTS: The Suit was filed by the plaintiff company through its resolution professional under Order XIIIA of CPC for obtaining summary judgement against the defendant. The suit was filed for declaration, permanent injunction, damages and incidental reliefs. It was […]