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A registered 'trademark' accords its owner a negative right to prevent third parties from inter alia adopting, using, or registering an identical or a deceptively similar trademark. However, such a right is not absolute and subject to the exception of 'fair use'. The doctrine of 'fair use' is encapsulated under Section 30 of the Trademarks Act, 1999 ("Act"), which is an affirmative defense available against a claim of infringement by the proprietor of a registered trademark. Specifically, Sec...

Geographical Indication Is A Sign That Identifies A Product As Originating In A Given Place. It States That A Particular Product Belongs To A Specific Location. Since The Qualities Depend On The Geographical Location Of Production, There Is A Clear Link Between The Product And Its Original Place Of Production. Geographical Indication Grants Primary Importance To Agricultural, Natural, Manufactured; Handicraft Origination Forms A Definite Geographic Territory. Geographical Induction Tag Provide...

With 2020 just around the corner most companies go to great lengths to protect and maintain their intellectual property (IP). These companies recognize the value of their IP and work towards its development, sustainability, and commercialization. IP strategy customary includes where and when to file patent applications, how to choose a brand name and register it, how to protect and enforce copyrights, protect trade secrets, etc. This article focuses on another strategy, one that more and more co...

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With time, conscious customers are changing how the market works. While deciding which brands to connect with, more and more customers today are concerned about more than just what products/services the business is offering. They care about the type of impact companies make in the world. While making a purchase decision, customers view brand purpose as a crucial factor nowadays. Therefore, if you ‘really’ wish to take your business to the next level, you need to have a sense of purpose – t...

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No matter how good you think your idea is, you owe it to yourself to thoroughly investigate its market viability—that is, a realistic, data-driven prediction on whether it can succeed in this marketplace. This applies to Fortune 500 companies. One way or another, the market will judge your product, wouldn’t you rather hear the verdict before you sink your life savings into it?  Precise Market Intelligence (PMI)  sells exhaustive reports on pretty much any industry you can think of. It includes ...