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Saksham

Legal Advisor! • 9m

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.

0 replies7 likes

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Saksham

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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

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Gyananjaya Behera

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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.

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Anonymous

Hey I am on Medial • 11m

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

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Tarun Suthar
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The Institute of Chartered Accountants of India • 5m

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

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Saksham
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Bebyond • 8m

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

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Saksham

Legal Advisor! • 9m

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

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Tarun Patel

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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,

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Saksham
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Bebyond • 6m

Hidden IP Crimes Alert! Startups, beware of lesser-known IP pitfalls like REVERSE CONFUSION. While we usually think of smaller brands copying bigger names, reverse confusion flips the script. Here, a giant unknowingly (or deliberately) uses a smalle

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