HOW IS SMELL GIVEN TRADEMARK?

Trademarks in India are governed by Trademarks Act, 1999. As per S. 2(1) (zb) of the Trade Marks Act, 1999 defines trade mark as a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their...

Ground for Refusal of Trademark Registration – Part 2

GROUND FOR REFUSAL OF TRADEMARK REGISTRATION:- PART II Confusion' term in literal sense means "to fail to distinguish between, to perplex or bewilder" and in common language it means 'a state of mind where a person unable to choose between alternatives'. In Trade Marks, misunderstanding plays an important role in being a distinctive or non-distinctive...

Ground for Refusal of Trademark Refusal – Part 1

A trademark is a form of intellectual property consisting of a recognisable symbol, pattern, or expression which distinguishes products or services of a particular source from those of others while trademarks used to distinguish services are generally called service marks. Therefore in order for a trade mark to be licensed as a trade mark under...