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LEGAL INSIGHTS
By: Nishant Kewalramani Partner & Head- IP Consultation and Strategy Brain League IP Services
AGENDA
WHAT IS A TRADEMARK
A mark Capable of being represented graphically Capable of distinguishing the goods and services of one person from another
Mark
Shape of goods Packaging of goods Color combinations
Shape
WHAT IS DISTINCTIVENESS
Inherent Distinctiveness
By Virtue of the mark itself Nature of the mark Capability of identifying source when newly adopted
Acquired Distinctiveness
Market acceptability Association with source Incontestability
Word marks offer broadest protection Logos ensure better connection with consumers and easy recognition of brand Black & white logo ensures broad protection over all color combinations Colored logo- closer association towards building a stronger brand
INTERNATIONAL PROTECTION
Registration in country of origin (persuasive value) Six month window- claim priority from national filing (Paris Convention) Keep an eye on Madrid Protocol File Smart- CTM, Aripo etc.
Domain name same as/derivative of corporate name- may build common law rights world wide without registration
LIKELIHOOD OF CONFUSION
PERSON OF
PHARMA BRANDS
Meronem (Astrazeneca) Meromer (Orchid Chemicals)
Falcigo Falcitab
Schedule L Drug
HEINZ V. DABUR
Knowledge or recognition in relevant section of public Duration extent and geographical area of of use
INFRINGEMENT V. DILUTION
Infringement Dilution
Similarity of marks Similar goods and services Likelihood of confusion Tests of judging similarity comparatively strict
Similarity of marks Goods/services may be dissimilar No confusion Presumed element of bad faith if any similarity found
Phillip Morris
THANK YOU
nishant@brainleague.com