Trademarks
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Trademark law is a fascinating and complex area of law. It is an area of law that deals with the protection of symbols, words, designs, or other unique indicators that are used to identify and distinguish a product or service from other products or services. This course is designed to provide a comprehensive overview of the various aspects of trademark protection, including the registration process, protection and enforcement of rights.
The course will begin with a discussion of what trademarks are and the purpose of trademark law. It will then move on to cover the different types of trademarks and the differences between them. The course will cover the registration process in detail, including the filing of application, the examination process and the grant of trademark. The course will then discuss the protection of trademarks, including the remedies available to those who have been infringed upon. By the end of the course, students should have a strong understanding of trademark law.
Every trademark you build adds to the financial value of your business, much more than your tangible assets.
Kalyan C. Kankanala- 1. 📕 Introduction
- I. § Relevant provisions
- 1.1 ▸ Meaning and definition of trademark
- 1.2 ▸ Subject-matter of protection of trademark
- 1.3 ▸ Types of trademarks
- II. 𝍭 Full text of leading cases
- 2. 📕 Criteria for registration of trademark
- I. § Relevant provisions
- 2.1 ▸ Requisites for registration of trademark
- 2.2 ▸ Grounds for refusal of trademark
- 2.3 ▸ Absolute grounds for refusal of trademark
- 2.4 ▸ Relative grounds for refusal of registering trademark
- II. 𝍭 Full text of leading cases
- 3. 📕 Registration of trademark
- I. § Relevant provisions
- 3.1▸ Registration of trademark
- 3.2 ▸ Trade Marks Registry and Appellate Board
- 4. 📕 Rights of trademark owner
- I. § Relevant provisions
- 4.1 ▸ Rights of a trademark owner
- 4.2 ▸ Right of assignment of a trademark
- 4.3 ▸ Assignment of trademark in India
- 4.4 ▸ Licensing of trademark in India
- 4.5 ▸ Registering a trademark licence
- II. 𝍭 Full text of leading cases
- 5. 📕 Infringement of trademark
- I. § Relevant provisions
- 5.1 ▸ Infringement of trademark
- 5.2 ▸ Passing off v. Infringement
- 5.3 ▸ Remedies available for trademark infringement – Civil, criminal and administrative
- 5.4 ▸ Parallel importation and trademark
- 5.5 ▸ Trademark dilution
- 5.6 ▸ Comparative advertising and disparagement
- II. 𝍭 Full text of leading cases
- I. Examination pointers
- ≛ Exam pointers
- II. Exercises
- ✒︎ Exercise set I
- ✒︎ Exercise set II
- ✒︎ Exercise set III
- ✒︎ Exercise set IV
- Live Class & Recording: Trademarks (Sat 8 June 2024, 06:00 PM) 🔴
- ⚑ Live Class
- ⦿ Live Class - Recording
Why Take this Course?
This course explores the implications of trademark law for businesses, including the importance of brand recognition and the implications of trademark infringement for businesses. The objective of the course are:
- To provide a comprehensive understanding of the legal and business considerations that go into the trademark registration and enforcement.
- To gain a better understanding of the legal framework that governs trademark law, and be able to apply that knowledge in their practice.
- To equip with the skills necessary to seek trademark protection, and to understand the legal implications of trademark infringement.
Instructors
Dr Charu Mathur
Instructor, EBC Learning & AOR, Supreme Court
Dr Charu Mathur is an AOR with the Supreme Court. Dr Charu has rich and diverse expertise in corporate, commercial, civil, criminal and constitutional law matters. She has represented parties which include cricketing bodies and educational institutions like IIT Jodhpur, NLU Jodhpur, BPUT Orissa, MPUAT Rajasthan, private engineering and medicine colleges of Gujarat and Orissa. She also represents Hon'ble Allahabad High Court before the Supreme Court. On the non-litigation side of work, she does corporate and general advisory, reviewing, redlining and drafting of agreements. She also undertakes due-diligence work related to solar projects in India and land due diligence work in Gujarat.
Dr Pratima Narayan
Instructor, EBC Learning & Advocate & Mediator, Co-founder, Techlawlogi Consulting LLP
Dr Pratima Narayan is an Advocate, Mediator and Co-founder of Techlawlogi Consulting LLP. She is an Editor and Consultant at EBC Learning. She has offered courses on consumer law, arbitration, e-commerce, contract law and corporate law on the platform. She has authored a book on ‘Electronic Commerce: Legal Compliance’, published by Eastern Book Company. The book comprehensively outlines the various legal and regulatory frameworks and compliance for e-commerce players. Dr Pratima has served the legal academia for over two decades as a visiting faculty at various reputed law schools and business schools. Dr Pratima holds a Doctorate in Law from the National Law School of India University, Bengaluru.
The ideal trademark is one that is pushed to its utmost limits in terms of abstraction and ambiguity, yet is still readable. Trademarks are usually metaphors of one kind or another. And are, in a certain sense, thinking made visible.
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