According to my reading of the case, The Coca-Cola Company v Bisleri International Pvt. Ltd., the plaintiff, the Coca-Cola Company, attempted to register the MAAZA trademark in Turkey, not the defendant Bisleri.
Congratulations ! Nice videos on IPR. I am a law degree holder from DU, (1996-99) and working in a govt department. I do not have any legal experience. Shall be retiring in 4 years. Can I get into the IPR work?... kindly make a video on how retired/ soon retiring person can take up the IPR as a second profession after retirement. Thanks and best regards.
Trademark Objection : - You are called upon to classify your goods properly as per NICE Classification by filing TM-M with fees because your goods do not fall under class. Please tell me what to do in this case.
Hiii sir super vedio very nice explanation good good 👍👍👍 plz keep going on ❤ for next semisters also for us thank u so much.. Tomorrow is my exam.. I can write with this examples ❤than u...
If a trademark infringement case is filed in USA for a person resident in India while drop shipping from China to USA. Can it impact Indian Bank Account in terms of fine
Sir agar humara brand purana hai minimum 1975 ka lekin register 2021 ka hai to Jo koi bhi jisne abhi halhi me 6/7 sal me agar hamara trade mark copy Kiya hoga... Register nahi Kiya hai to kya isme mai action le sakta hu.... Register date ke Bina par bhi kuch alag problem create hoga
I guess if not Apple, the trademark registry is going to refuse the registration to any mark named "Apple" for fruits or grocery business, due to the generic nature.
Sir my Registered trademark is S.R. The other person use of my trademark in same change word like { v }SR in same class. This trademark is unregistered. What can I do?
हम एक ट्रेडमार्क रजिस्टर्ड करना चाहते हैं जो की इलेक्ट्रॉनिक्स शेड्यूल 9 मैं आता है जो किसी जानवर के नाम पर है उसे नाम पर पहले से सेनेटरी की आइटम्स आती हैं हमें उसे नाम के आगे प्रो शब्द भी लगा दिया तो क्या हम लीगली सही है क्योंकि जानवर के नाम पर तो कोई भी रजिस्ट्रेशन कर सकता है उसे पर किसी का पेटेंट तो नहीं हो सकता क्योंकि वह जानवर का नाम तो कोई इंटेलेक्चुअल प्रॉपर्टी नहीं है कृपया मार्गदर्शन करें
Ek company hai '3m' karke aour humne ek trademark banaye hai '3mclass' karke par o bol rahe hai ki humne unka 3m use kiye hai par mera services and logo sabkuchh alag hai to kiya humlogo ko kiya karn chahiye , please suggest
Dear Student, Thank you for Watching our video. Refering to your question, Yes you can file a cse against then under Trademark Act. Keep following us to learn more about IPR and other things related to it.
sir agar " mati " name registered hai class 25 mey and toh mai kya "matione" registerd karwa sakta hu same classs mey plz help me sir plz write reasion also.
Sir For example- if one hospital registered as "sky hospital" and another one has opened as "sky multispeciality and maternity hospital". In this case will the second one fall into trademark infringement. ? Pls reply
I'm just an student of law but not an expert and thus answering this based on my research as I'm interested in trademark law. In this scenario, the second hospital, "Sky Multi-Speciality and Maternity Hospital," may potentially infringe on the trademark rights of the first hospital, "Sky Hospital," depending on various factors. *Arguments for trademark infringement:* 1. *Similarity of marks*: The second hospital's name includes the identical word "Sky," which is also the trademarked name of the first hospital. 2. *Similarity of services*: Both hospitals offer medical services, which could lead to confusion among patients. 3. *Likelihood of confusion*: The addition of "Multi-Speciality and Maternity" might not be sufficient to distinguish the second hospital's services from those of the first hospital. *Case law supporting trademark infringement:* 1. *Rayban Sun Optics (India) Ltd. v. Jai Kumar Mukund Lal* (2007): The Delhi High Court held that the use of a similar mark for similar goods/services can cause confusion and amounts to trademark infringement. 2. *Coca-Cola Co. v. Snowcrest Beverages Ltd.* (2001): The Supreme Court of India ruled that the use of a similar mark for similar goods can lead to deception and confusion, constituting trademark infringement. *Arguments against trademark infringement:* 1. *Distinctive suffix*: The second hospital's name includes a distinctive suffix, "Multi-Speciality and Maternity," which might distinguish its services from those of the first hospital. 2. *No intention to deceive*: If the second hospital can prove that it did not intend to deceive or pass off its services as those of the first hospital, it might avoid infringement claims. *Case law against trademark infringement:* 1. *Kaviraj Pandit Durga Dutt Sharma v. Navaratna Pharmaceutical Laboratories* (1965): The Supreme Court of India held that the use of a similar mark with a distinctive suffix or prefix might not amount to trademark infringement if it does not cause confusion. 2. *Rotary Club of Mumbai v. Rotary Club of Bombay* (2011): The Bombay High Court ruled that the use of a similar name with a distinctive suffix did not infringe on the trademark rights of the plaintiff. In conclusion, the second hospital's name, "Sky Multi-Speciality and Maternity Hospital," might potentially infringe on the trademark rights of the first hospital, "Sky Hospital," depending on the specific circumstances and the court's interpretation of the case.
@@bhayanak_kaka thankyou for the detail explanation.. 1 query, suppose if this case is going on .. and second hospital changes the title completely during court hearings, would it affect the judgement? And what are possible consequences...?
