🚀 Medial Secures Investment on Shark Tank India - Fueling the Future of Professional Social Networking. 🔥

News

Messages

Try our Valuation Calculator →

Back

Saksham

Legal Advisor! • 1y

Trademark infringement in India is a serious concern. Key points include: 1. Trademark Ownership: •Registration: Protect your mark under the Trade Marks Act, 1999. •Common Law Rights: Rights through actual use, but limited. 2. Likelihood of Confusion: Courts assess if the defendant's use likely confuses consumers by examining ▪︎Mark similarity ▪︎Goods/services similarity ▪︎Plaintiff’s mark strength ▪︎Evidence of confusion ▪︎Defendant’s intent ▪︎Marketing channels ▪︎Consumer care. 3. Use in Commerce: The mark must be used commercially. 4. Defenses: Includes fair use, nominative use, parody, and delay. 5. Remedies: Can involve injunctions, monetary damages, destruction of infringing goods, and legal costs. 6. Jurisdiction: Civil courts, with High Courts for significant cases. Understanding these can help protect your brand. Need assistance? Let’s discuss safeguarding your business’s intellectual property.

Recommendations from Medial

Saksham

Legal Advisor! • 1y

Safeguard Your Brand: Proactive Strategies for Trademark Enforcement. As an IP attorney, I've seen the power of proactive trademark enforcement. Here's how to protect your brand: ●Monitor your mark across platforms. ●Utilize USPTO resources to trac

1 Reply

Anonymous

Hey I am on Medial • 1y

Hello bhaio, I'm in need of trademark expert advice. I wanted to start a business of dry fruits. Can I trademark or register the company (not a product) name like, "Almnd Factory" ..??? ( See I removed O from almond and it still pronounced as Aalmond

5 Replies

Gyananjaya Behera

Helping an Idea to S... • 1y

Delhi HC Seeks Dealer, Product Details From Tesla Power India In Trademark Case With Musk’s Tesla Inc - Court's Inquiry: Delhi High Court asks Tesla Power India for details on electric scooter sales amid a trademark dispute initiated by Tesla Inc.

7 Replies

Supraja Supu

Hey I am on Medial • 11d

Tennessee Property Owners: Protecting Land Rights and Avoiding Disputes – What the Law Says Understanding Tennessee Easement Laws is one of the most important steps Tennessee property owners can take to protect their land rights and avoid costly dis

Tarun Suthar
•

The Institute of Chartered Accountants of India • 1y

What's the Benefits of Trademark Registration! Registering a trademark in IP India and under the World Intellectual Property Organization (WIPO) framework provides several important advantages for businesses and startups. Under the WIPO system and

10 Replies

Saksham

Legal Advisor! • 1y

I have my brand's trademark (TM) registered but didn't retain the lawyer/law firm for brand maintenance & protection. Well, we recently faced a similar matter. Here's the story: Recently, we helped a founder of Bangalore-based Chai Cafe Chain navig

1 Reply

Saksham
•

Bebyond • 1y

A new chapter begins today. Our journey with a leading Turkish Armoured Vehicles brand comes begins. A few months ago, we we were approached by the brand through our Turkish Legal Partners with a complex US trademark Office Action alleging "likelihoo

3 Replies

Tarun Patel

Cybersecurity Analys... • 12m

Protect Your Creations: Understanding Copyright for Content Creators & Programmers Are you a content creator or programmer struggling to protect your work from unauthorized use? Understanding copyright is essential to safeguarding your ideas, code,