IPR plays a huge part in the Fashion Industry, It is the one place where the brands are being identified by their designs. We all know the way the 3-stripes of Adidas are being misused by many to sell to the lesser knowledge buyers. But it is ok for a big brand like Adidas to let some unethical manufacturers copy bits to make a minor profit, but when you are making a breakout in the fashion industry of fashion it is important that your product has been given the right protection. You owe that bi...

MARKET SURVEY IN TRADEMARK — JUDICIAL LENS: Be it business or Politics, Surveys are important. Trademarks are vital for the business in a way that they contribute directly towards the growth of the business by boosting its viability and visibility in the particular industry. You say it Psychology, we say it a business tactic that consumers prefer products and services from the brands which are trademarked, reason being- It is believed that when you trademark your name or logo, you create a po...

Just like any other trademark, the process of registration of the logo is also straightforward and simple. Brand registration helps the business owner preserve its reputation from being used by others to get authorized gain from the brand reputation. Again, not protecting your brand can keep you from getting legal protection if any third party uses your brand name to mark his industry entry. It is a common belief that legal actions can be taken even if the registration is not done. It is true...

Statutory regulations governing the registration and protection of designs are laid down in the Designs Act, 2000, and the Designs Rules, 2014. As per the Act, design means and includes only those related to shape, color, pattern, configuration, etc. In short, designs under the Design Act,2000 deal with the product’s aesthetic features and not a functional element of the product. Customers tend to buy those products which are appealing, attractive, and aesthetic. The product’s appearance de...

Imagine, you have launched a business for manufacturing soap and perfume making. You have crafted soaps in unique shapes and sizes than the usual ones sold in the market. Initially, it was a great hit due to its unique shape and size. But later you started to notice that your competitors are also selling similar products with the same designs that are sold on Amazon, Flipkart, and other online platforms, and the potential customers were diverted to the competitor’s business. This could happen ...

Why Do You Need To Register Your Brand For Selling A Product Online? Did You Know The Your Famous Brand Not Only Attracts The Customers But Also The Counterfeiters? So, How Can We Handle It? In The Year 2020, The Entire World Is Observing Social Distancing, And It Impacts Not Only Everyone’s But Also Commercial World. Thanks To The Advent Of Technology, E-Commerce Is A New Era And Reaching Enormous Heights. The COVID Situation Has Given The People No Option But To Rely On E-Commerce For Their...

Coexistence agreements can be an easier and cheaper solution to disputes over trademark similarity between parties rather than litigation under appropriate circumstances. While registering for a trademark, one of the most essential rules is not to choose a trademark that is confusingly similar to a prior existing trademark. However, in present the world of business and commerce, it is possible for two parties to use similar or identical trademarks to market their goods and services with the h...

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...

Trademarks are often protected under the law, i.e., under the TM Act and therefore the common law, i.e., under the remedy of passing off. If an individual is employing a similar mark for similar or related goods or services or is employing a well-known mark, the opposite person can file a suit against that person for violation of the IP rights regardless of the very fact that the trademark is registered or not. Registration of a trademark isn't a pre-requisite so as to sustain a civil or cri...

The MSMEs In India Showered With Many Schemes, And The List Goes On. However, These 5 MSME Schemes Are Top The List And Beneficial For All Business Owners. MSME Categorizes Micro, Small, And Medium Enterprises Depend On The Turnover And Capital Of The Business. (Please Read This To Understand The Eligibility Criteria For MSME). MSME Registration Comes Under The MSMED Act, Which Facilitates The Promotion And Development To Improve The Functions Of The Enterprise. Any Enterprise Can Apply ...

There are many things to be taken care of when it comes to the exam. From filling the application form and till you get admission to the college. So, know the complete details of the CAT registration procedure in this article. Know more about CAT Registration 2021 https://mbababuji.com/cat-exam-details/cat-registration/