There have been many transfer applications submitted to the Supreme Court during the pandemic. A petition submitted to the court in a transfer petition asks for the case to be moved from state agencies to a central body, from one high court to another, or from a high court to the Supreme Court. Typically, this is done to guarantee a fair trial, ensure justice, prevent delay or annoyance, etc. What is Transfer Petition? The Supreme Court has the authority to transfer any case, appeal, or other process from a high court or other civil court of one state to a ... Read More

There are situations when transferring a case is required in order to guarantee a fair, honest, and impartial trial. An accused person should have the right to request that his case be moved to a different court if he reasonably believes that he won't receive a fair trial at the current court. Additionally, in order to address the issue of justice being delayed due to the backlog of open cases and appeals, measures have been taken to shift criminal cases from one court to another. What does Transfer of Cases Exactly Define? The nature of the trial or the relief ... Read More

In India, a sound that is visually represented by a succession of musical notes, with or without the addition of words, may qualify for protection under the country's Trademark Act. Whether or not a sound can be registered as a trademark under the Trademark Act depends on whether or not the sound is already or has the potential to become a distinctive sign linked with a single enterprise. Therefore, in order to register a sound trademark, it is necessary for the typical customer to identify the sound as being linked with a certain company's offerings, whether those offerings ... Read More

In the modern business world, companies are always looking for new ways to differentiate themselves from their competitors by developing goods that have some kind of uniqueness built into them. Creating items with distinctive qualities, such as a recognisable odour or sound that is unique to the product and the brand, may be one way to do this. Other methods exist as well. In general, businesses make an effort to develop items that emit a particular odour, taste, colour, or sound in order to pique the interest of customers' physiological senses. What is the Meaning of Smell Trademarks? ... Read More

Brand names and logos are not the same thing as slogans and taglines. They can be one or more words and are used in conjunction with a company's brand to communicate the company's message. They are memorable catchphrases or mottos that are used in marketing and selling a product or service. Slogans and Taglines Typically, slogans or taglines are used in conjunction with a primary brand identity, such as the name of the firm. During the course of the trademark registration, they will be handled in the same manner as word marks, and the onus of proving that the ... Read More

In the fast-paced world of today, companies are not only represented by traditional forms of trademarks, but they are also increasingly using unorthodox forms of trademarks. There is nothing novel about the practise of registering unusual trademarks in India. On the other hand, it has mostly been limited to certain types of atypical trademarks such as colour markings and sound marks. The law has not yet caught up with the most recent developments in trademarks. A motion mark is an example of this kind of unorthodox mark. What does Exactly Motion Mark Define? Motion Mark is a performance ... Read More

Domain names on the internet are used for a variety of different reasons in addition to just reflecting the websites of the myriad of online companies that are currently active. These domain names have risen to prominence as corporate identities and boosters in the modern period, which is characterised by the advancement of information technology and the proliferation of worldwide business conducted via the Internet. What does Exactly Domain Name Define? It was established in the case People Interactive (India) Pvt. Ltd. vs. VivekPahwa & Ors - that a domain name is comparable to a real ... Read More

Any word, label, name, device, brand, ticket, signature, heading, letter, numeral, the shape of products, packaging, the combination of colours, or any combination thereof may be registered as a trademark in accordance with Section 2(1)(zb) of the Act, provided that the same satisfies the criteria of distinctiveness and graphical representation. This includes any combination of the aforementioned. However, complexities and issues come up in situations that fall beyond the purview of conventional or traditional trademarks. In these circumstances, it is difficult to register a trademark in order to be awarded an exclusive status, therefore this is where the ... Read More

Collective trademarks are advantageous in that they assist in identifying the degree of quality as well as the geographical origin of products or services. Additionally, collective trademarks reflect the individual source of the goods or services. What is the Meaning of Collective Mark? A collective mark is a trademark that commonly is used by the members of a group, organization, or association. It is intended to indicate that the goods or services being offered are provided by members of the collective, and it serves as a symbol of their membership or affiliation. Collective marks are typically used for goods ... Read More

The Trade Marks Act of 1999 was enacted as a replacement for the Act of 1958, which was repealed by parliament in order to improve the protections afforded to trademarks for both products and services and to discourage the use of counterfeit or otherwise deceptive marks. Trademark dilution was established with the passing of the Trademarks Act in 1999. What is Trademark Dilution? Trademark dilution is a legal concept that refers to the weakening or lessening of the capacity of a trademark to identify and distinguish the goods or services of a particular company. Dilution can occur when a ... Read More