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Category: IPR LAW

Can an infringement suit be filed by the owner of a registered trademark against the owner of another registered trademark in India?

First let us look at what is infringement?  A simple answer would be that an infringement suit would be a statutory remedy available for enforcing the rights of a registered trademark against unlawful and unauthorized use of the

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The conundrum of graphical user interface (GUI) as a design – the Indian perspective

A design is defined as “design” means only the features of shape, configuration, pattern, ornament or composition of lines or colours applied to any article whether in two dimensional or three dimensional or in both forms,

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Amendment of claims in a patent application: a detailed anlaysis

Introduction The amendment of claims in patent applications is a critical aspect of patent law, often reflecting the dynamic nature of technological innovation and the necessity for applicants to fine-tune their inventions’ scope. In India, Section

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Pleading Invalidity of a Trademark in Replication: An Analysis

Introduction Trademark disputes often involve intricate legal strategies and procedural nuances. One significant aspect is the ability of a plaintiff to challenge the validity of a defendant’s trademark during replication, especially when the defendant invokes a

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The Enigmatic Oversight: Trademark Use Not Checked Post-Registration on a Proposed-to-Use Basis in India

Trademark law is the bulwark of intellectual property, shielding the sanctity and repute of brands. In India, the Trade Marks Act, 1999, orchestrates the symphony of trademark registration, protection, and enforcement. Intriguingly, within this legal framework

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What constitutes trademark use?

India is one of the countries where one has to show use of a trademark in order to claim distinctiveness and/or priority for purposes of registration and for purposes related to establishment of prior user and/or

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