Trade Mark act

Section 9(1)(a) trademark distinctiveness
Case BriefsHigh Courts

The Court held that for the purpose of Section 9(1)(a), Trade Marks Act, 1999, the statutory inquiry is whether the applied mark possesses distinctive character and is capable of distinguishing the applicant’s goods from those of others. The Act does not prescribe uniqueness as a condition for registration.

Bombay High Court
Case BriefsHigh Courts

The mark ‘TikTok’ is already a registered trade mark in India and enjoys all statutory protection available under the Trade Marks Act, 1999, but its inclusion in the list of well-known marks, will obviously give added protection to a mark.

delhi high court
Case BriefsHigh Courts

“The term ‘ZENITH’' even being a common English expression cannot be regarded as ‘publici juris’ in the context of services relating to education in dance.”