Generic trademark cases in india
WebDec 5, 2024 · The registration of the impugned mark was thus barred under the absolute grounds of refusal under Section 9 (1) (b) of the Trade Marks Act, 1999. In the present case, wording of N 95 in the registered mark is descriptive of a characteristic of the masks, specifically that they filter at least 95% of airborne particles and are not strongly ... WebFeb 3, 2024 · In all sense, it seems like a generic case of trademark infringement. Well, the complications of this case come from two facts: Both are international brands, and Both have a fair amount of goodwill in the market As a result of these two factors, none of the brands is budging an inch.
Generic trademark cases in india
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WebMar 18, 2024 · Micronix India. In the said judgement, the marks in question were MICROTEL and MICRONIX. ... This is difficult to prove in cases where a phrase is used as part of a Trademark and is also generic [Refer Section 17(2)(b) of the Trademarks Act]. The concern with the use of a generic term is that it deviates from the primary utility of a … WebAug 4, 2016 · In India, both copyrights and trademark rights can accrue without actual registration and remedies are available to the owners of unregistered copyrights and trademarks. On the criminal side, similar sanctions come in play in cases of copyright and trademark violations.
WebJun 21, 2024 · As per the trademark law, for a word/term to qualify for registration as a trademark, it should not be a generic or a common term to trade or be recognized by customers as being descriptive... WebAug 23, 2024 · The Courts have gone a long way to ensure fair treatment and due credit of the trademark owners, as seen in the case of the BMW Trademark [2024 SCCOnline Del 484] being benefitted off by the e ...
Webgovern the law relating to Trade Marks in India. The Trade Marks Act, 1999 protects the trademarks and their infringement that may get challenged by a passing off or infringement action. The Act protects a trade mark for goods or services, on the basis of either use or registration or on basis of both elements. In case of trademark, unlike ... WebApr 29, 2015 · Merck vs. Glenmark over “Sitagliptin” On an interesting note, the Hon’ble Supreme Court of India on Special Leave Petition filed by Glenmark stayed the Delhi High Court order which passed an injunction against Glenmark for the generic drug Sitagliptin till 28th April 2015.
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WebApr 12, 2024 · The recent case of Zydus Wellness Products Ltd. v. Dabur India Limited before the Delhi High Court is an example of this, where the court observed that an advertiser must have the freedom to make advertisements with generic comparisons and no objection can be raised unless the representation in the advertisement is absolutely … simple decorated vases with pink rosesWebMay 10, 2024 · In such cases, a mark which is originally granted registration on the basis of its distinctive character, becomes generic and eventually loses its distinctiveness. This process is known as genericization. Some examples of generic trademarks include – Aspirin, Band-Aid, Cellophane, Velcro, and Thermos; all of which have gained a generic … raw food dietten'Generic' trademarks are those whichwith constant use, become so popular in the daily use of languageby the public, that the mark is no longer associated with theparticular business entity, and instead assumes the meaning of aparticular good and/or service itself. In such cases, a mark whichis originally … See more While the term trademark genericide is not definedwithin the Trade Marks Act, 1999, the same refers to a process ofthe loss of distinctiveness in a given mark over a period of time,as a result of which the mark starts to be … See more One of the main reasons behind Trademark Genericide, includesthe continuous use of a trademark by the public to the point … See more The word mark 'App Store', coined,registered and acquired by Apple Incorporation was not grantedprotection in the Australian … See more Currently, there are several registered marks that are enjoyingexclusive rights under the trade marks law, but are highlyvulnerable to … See more raw food diet thymus dogsWebAug 23, 2024 · The trademark Yahoo owns the legal status in 65 countries, excluding India. The defendant, i.e. Akash Arora, started to facilitate services identical to those rendered by Yahoo.com under the name Yahoo India. Yahoo Inc had sued the accused of using a trademark identical to its own & passing off this service identical to the plaintiff. raw food diet side effectsWebJun 19, 2024 · At this point, the trademark has no legal protection and its proprietor has no legal claim on it. In one of the most famous cases of trademark genericide i.e. Bayer Co. v. United Drug Co.[7 ... simple decorations for an officeWebmarks which were originally legally protected trademarks, but have been genericized and have lost their legal status due to becoming generic terms, marks which have been abandoned and are now generic terms marks which are still legally protected as trademarks, at least in some jurisdictions raw food diet success storiesWebMay 29, 2024 · Bayer Corporation and ors. V. Union of India and ors. 162(2009) DLT 371; In this interesting case, Bayer Corporation attempted to link the case of patent infringement to granting marketing approval of a drug made by Cipla. This concept of Drug-Patent Linkage is present in USA. raw food diet tips