OPINIONS

RequirementS

Lalithaa Jewellery Ⓡ©

Advaith Dhanpal

How come brands like Lalithaa Jewellery display both copyright and trademark marks over their mark.

My recent experience brought me to notice the use of both copyright and trademark by Lalithaa Jewellery. For people who are unaware of this brand, it is a very famous Jewellery brand just like Tanishq or GRT Jewellers; moreover, they are renowned for their catchy advertisements presented by their MD himself.

So, the display of both trademark and copyright registration along with the word mark got my attention. My research brought me to the conclusion that copyright is given to Literary, Artistic, Sound Recordings, Computer Programmes, musical, dramatic and cinematograph films.

Copyright is defined as, Copyright shall subsist in any original artistic work comprising sculptures, paintings, building sketches, etc. Moreover, the copyright protection can also be granted to moulds, sculptures, collage, a photograph, a drawing (diagram, map, chart or plan) or a portrait of a person, etc.

When we look at the Jewellery, the first thing we notice is its appearance. Jewellery is generally created to mass mass-produced. For instance, Kalyan Jewellers has 315 showrooms. If their creative team, responsible for designing such jewellery pieces, comes up with a new design, it is obvious that at least 100 pieces of the same are made to complement the efforts put in and to sell a new type of design across India. When we see any number above 50 shall bring us to section 15(2) of the Copyright Act, where it says any copyright of a design eligible to get registration under the Design Act but hasn’t registered and mass produced by industrial process more than 50 copies, the copyright ceases. As per my learnings of the Design Act, any Design to get eligible for registration shall be new or original in the first place, and once you produce it over 50 times, the originality is lost, hence you lose both Design and Copyright protections which were available. So, if it is jewellery, then as per the Pranda Jewellery vs Aarya 24k “drawings, as well as its reproduction in gold plate three-dimensional form, could be granted protection under the Copyright Act”. Reference to the above-mentioned case can be made regarding getting registration of jewellery and its drawings under the Copyright Act. But for our further reference, it is important to note that, as per Chapter 908, Compendium of U.S Copyright Office Practices, Third Edition, jewellery designs are a subject matter of copyright and should be applied for copyright registration.

Secondly, jewellery can be made in two ways: casting and handcrafted. Casting deals with pouring the molten gold into the moulds and getting a fine piece of jewellery, which is then polished and sold in the market, but the other way is handcrafted, where the entire jewellery is made from scratch by skilled master jewellers. Mould has no aesthetic appearance to get protection under the Design Act, similarly as mentioned above, when the jewellery design is made by a mass selling company like Kalyan Jewellers, GRT Jewellers, Tanishq, etc., they would sell it in large numbers; hence, design protection would be beneficial for them as the overall aesthetics of the design are protected, and be reminded that here the protection is being sought for the aesthetic appearance of the jewellery design.

So getting a copyright and design registration would be an option in this case. Because the original aesthetic design applied to an article here would mean applying the design on gold and selling it as jewellery, so the design applied to an article which is original is eligible for getting design registration for the same. Moulds, as mentioned above, are the subject matter of copyright, hence both.

Coming to the question of using copyright and trademark together, the copyright registration that the brand is showcasing might be their copyright registration of the mould. Overall observation and research have brought me to the conclusion that there is still a grey area in this regard as to the overlap of both the Design Act and the Copyright Act, and some articles have also suggested seeking protection from the Trademark Act as a shape mark. But relying on US Copyright Office comepndium chapter 908 and the Morelli vs Tiffany and Co., Inc, where the dispute was about the sprinkle diamond jewelery design, the entire suit by looking at the facts can be construed that the suit was being treated as a copyright infirngement case, which means a jewellery design is a subject matter of copyright, so by relying on both foreign law and case I have come to this conclusion and would surely explore more on this area.

HouseMark

Advaith Dhanpal

Short note on Housemark (Trademarks)

A house mark is just like an ordinary trademark. Companies generally use housemarks to associate their products with their house’s famous mark that customers can recognise. You must have seen Tanishq by TATA, Mahindra Zeo, Caratlane by TATA & Zoya by TATA. Here, the company’s motive is to associate their house mark with their subsequent products. It is important to note that in case of any trademark application filed for such products (like Caratlane or Zoya, or any other such) housemark is not included.

For example, Caratlane is a registered trademark under class 14 (jewellery), bearing application number 1726108. None of the details show any relation with TATA but yet the word TATA is used in every advertisement, Instagram handle, and every possible promotional material. So, TATA here is a housemark.

A housemark is added to identify the manufacturers of the product or to identify the source of the product. Adding a Housemark is not a mere addition with no essence; it adds substantial value. The usage of Housemark in the names of the product will make the product stand out in case of confusion among similar or identical marks. In GENSOL ELECTRIC VEHICLES PVT. LTD. vs Mahindra Last Mile Mobility, the case was about identical marks, which were held by both companies. Mahindra sold its product under the name of Mahindra Zeo, and the plaintiff, on the other hand, Gensol, was supposed to sell under the name Zeo without any housemark. The court, while determining this case, noted that automobile purchases are not made in haste; moreover, the manufacturers are always considered when reading the product’s name. Like Mercedes E220, Toyota Camry, Honda Accord, Maruti SX4, hence the addition of Mahindra as a prefix to its product will surely associate the product with the Mahindra group and will help in customer purchasing decisions.

The important point here to note is that when the argument was made, disregarding the housemark’s importance in a product’s name (in Gensol Electric Vehicles Pvt. ltd vs Mahindra Last Mile Mobility), then the court held that adding Mahindra as a prefix is not just a mere addition, it holds the goodwill and the reputation of the company, and hence it helps in associating the product with the Mahindra Group.

There is no specific option for filing a housemark as a trademark on the ipindia website. So it is clear, the usage of housemark is merely creating an association with the parent company. I believe companies should make use of their housemark in every subsidiary of theirs to create an association in the minds of the people and to make good use of the goodwill and reputation earned by the company in all these years of their market presence.

Prenups, a real solution?

Kamisetty Harika

I see prenups as a temporary fix, not a real solution.

“Marriages are made in heaven,” they say.

I have no idea about that, but when things go down south, divorces unfold right here on earth, making it a living hell for families and children. The divorce rate in India has shot up in the past seven years, and it’s only going to rise. Family. Marriage. These have always been the backbone of our society, but day by day, they’re crumbling. Litigation, disputes, endless court battles, it’s exhausting. And one of the easiest solutions people seem to be looking at, both abroad and now in India, is prenuptial agreements.

Prenuptial agreements, or prenups are contracts signed before marriage to decide how assets, finances, and even child custody will be handled in case of divorce, separation, or death. The concept isn’t inherently Indian; it’s borrowed from countries like the U.S., Canada, Australia, and Britain, where prenups are common practice. The idea behind prenups is simple: reduce the mess that comes with separation. No ugly fights over property, no draining court battles, no months (or years) of uncertainty.
Sounds like the perfect fix, right?

Well… I don’t think so. Is a prenup really a solution, or just a safety net that encourages detachment?

I see prenups as a temporary fix, not a real solution. In India, marriage has always been more than just a contract, it’s a sacred union, a commitment that isn’t meant to come with an exit plan. Reducing it to a piece of paper feels cold. It’s almost like walking into a marriage with one foot already out the door. Sure, it can be argued that prenups don’t destroy marriages; they would just help make separations easier. But to me, that sounds like marrying with a backup plan in place.

And prenups aren’t foolproof either. They can be challenged, manipulated, or even broken, just like any another agreement. It would just be another document. And if we make them legally enforceable, aren’t we just inviting more disputes? The fairness of the terms and conditions? Risks of any of the parties being coerced? Instead of reducing litigation, wouldn’t we just be opening the door to more disputes and dragging more marriages into courtrooms?

I understand the appeal of prenups. I do. But honestly, if we need a contract to ensure a marriage “works,” then maybe we should be looking at something deeper. A prenup won’t stop a marriage from falling apart. Changing the mindset of people towards marriage will – efforts, mutual understanding, commitment and communication will.

So yes, making prenups legally valid might seem practical. But is it the real solution?

"Free Speech? Terms and Conditions Apply!"

Apoorv Shukla

A fiery satire on India’s free speech hypocrisy—mock Hindus freely, but question liberals and you’re the intolerant one.

Ah, welcome to India, the grand theater of selective outrage, where free speech is a fundamental right—but only for those who insult the right kind of people. In this utopia of intellectual dishonesty, comedians, journalists, activists, and celebrities have mastered the fine art of “freedom of expression” with a simple rule: mock Modi, insult Yogi, attack Hindus, and you’re a brave artist. Question the opposition, support a right-wing leader, or speak for Hindu issues, and congratulations—you’re now a fascist, communal bigot. Starting with our comedy elite—the noble warriors of satire. Kunal Kamra, for instance, thrives on mocking Narendra Modi, calling him a fascist, and making parody songs on Eknath Shinde. Freedom of speech! But when his own words get him in legal trouble? Suddenly, “India is turning into North Korea!” Vir Das delivers his iconic “Two Indias” monologue abroad—one India is full of progressives who adore him, and the other is full of uncivilized trolls who dare to disagree. How brave! Tanmay Bhat, meanwhile, can mock Sachin Tendulkar and Lata Mangeshkar, but if someone makes a joke about his mental health struggles—well, that’s insensitive. Because in liberal comedy circles, satire is a one-way street. Then we have our beloved “neutral journalists”—the fearless seekers of truth (as long as the truth fits their agenda). If a right-wing leader makes a controversial remark, it’s front-page news, panel discussions explode, and calls for resignation flood social media. But if Rahul Gandhi makes a statement so baffling that even his own party members struggle to defend it? Ah, it’s “baat ko tod-madod ke mat dekho”. If a Muslim mob riots, the media narrative will be about unemployment and social frustration. But if a Hindu so much as tweets aggressively, the headlines scream “Hindu terror rising in India”. Let’s not forget Ravish Kumar and his poetic monologues, always dripping with sorrow when discussing the “death of democracy” under Modi, but strangely silent when opposition leaders openly defend rioters. Or Barkha Dutt, the fearless reporter who covered every protest against CAA, sympathizing with “innocent victims,” yet had no words when Hindus were burnt alive in West Bengal. Because, after all, neutrality means selectively choosing which facts to report. Ah, Bollywood—the land where actors find their voice for human rights, secularism, and democracy only when it helps their PR. Swara Bhasker, for example, tweets daily about how India is on the verge of collapse under Modi, but when Taliban fighters seized control in Afghanistan, she referred to them as “bhai log”. Deepika Padukone visits JNU to stand in “solidarity” with leftist students, but did she say a word when Kashmiri Pandits were massacred or when Hindus were attacked in Bengal? Of course not! Because “chun chun ke activism karna bhi ek kala hai”. And let’s not forget our brave corporate elites—CEOs and entrepreneurs who love tweeting about “freedom of speech” but stay absolutely silent when right-wing voices are silenced online. Apparently, banning hate speech is essential—unless it’s against Hindus. Then, of course, it’s just “meme culture”. And now, let’s talk about the real villains of this circus—the right-wing leaders, the ones who, according to our intellectual class, deserve every insult thrown at them. Modi, the elected Prime Minister, has been called everything from “fascist” to “mass murderer”. But imagine the outrage if he used similar words for his critics. Yogi Adityanath? Oh, he’s always the bad guy. Why? Because he doesn’t tolerate rioters, takes strict action against criminals, and unapologetically talks about Hindu rights. When he’s called a “terrorist” or compared to ISIS, there’s radio silence from the free speech warriors. But if he calls out illegal activities in madrassas? “Bhaiyo aur behno, desh khatre mein hai!” And Smriti Irani? She worked her way up from humble beginnings to become a powerful minister, yet Bollywood elites mock her education instead of celebrating her success. Meanwhile, the same elites will bend over backwards to justify Rahul Gandhi’s “intellectual” speeches about how “aloo daalo, sona nikalo”. So let’s get this straight—mocking Hindu festivals, calling Hindus intolerant, and questioning India’s democracy is progressive and fearless. But speaking about Hindu persecution, defending a BJP leader, or simply supporting your own elected government? That’s dangerous, communal, and a threat to democracy. India, my dear friends, has become a land where free speech is not a right, but a privilege—handed out only to those who fit a certain ideological mold. You can mock, insult, and attack as much as you like, as long as the target is Modi, Yogi, or any Hindu leader. But dare to question a comedian, a journalist, or a “liberal activist”? Congratulations, you’re now a bigot, a troll, and an enemy of free speech! So go ahead, enjoy the circus. Just remember—”is desh mein jo bikta hai, wahi chalta hai… aur jo sach bolta hai, wahi jalta hai.”

Are We Living in a Male-Dominated Society or One Where It Is Presumed Men Dominate?

Kamisetty Harika

I believe both narratives exist and hold truth, but neither can be generalized.

Angela Davis once said, “We fight the same battles over and over again. They are never won for eternity, but in the process of struggling together, in community, we learn how to glimpse new possibilities that otherwise never would have become apparent to us, and in the process, we expand and enlarge our very notion of freedom.” Her words mirror the reality of every woman who has ever fought for her place in the world—only to find that the battle never truly ends. Generations of women have pushed forward, broken barriers, and redefined roles, yet the question remains: Do we live in a male-dominated society, or is it only presumed that men dominate?

The answer is both.A girl is raised to be strong, but also to be careful—because the world is not safe for her. She is told she can be anything, yet she is expected to prioritize marriage over ambition. She is encouraged to dream, but only within limits set by others. Even when she succeeds, her achievements are often accompanied by whispers—”Did she really earn it, or was it given to her?” If she fails, the judgment is harsher—”This is why women can’t handle too much.”Her independence is always negotiable. A father believes he is protecting her by setting curfews and making decisions on her behalf. A husband thinks he is sparing her the burden of work, assuming she would prefer to stay home.

At every stage, her freedom is conditional—something granted to her by a man, not something that belongs to her by right. Yes, society is changing. Women are breaking free, speaking up, and reclaiming spaces that once excluded them. But change is slow, and the weight of tradition is heavy. Discrimination, workplace disparity, sexual harassment, and the constant fear for safety still define a woman’s reality. However, there is another side to this battle—one that often goes unspoken. In the pursuit of justice, have we created new forms of injustice? False rape accusations have the power to destroy a man’s life, reputation, and career before he even gets a chance to prove his innocence.

Maintenance laws, designed to protect financially dependent women, sometimes place an unfair burden on men—forcing them to provide lifelong support even in cases where it may not be justified. In our fight to dismantle patriarchy, are we unintentionally creating another imbalance? The truth is, both realities exist. There are places where men still hold power over women, and there are moments where power is simply assumed to be in their hands. But the fight should never be about replacing one narrative with another.

It should not be about proving who suffers more or to frame the conversation as a battle between men and women. The real battle is for a world where neither gender has to struggle for basic dignity, where equality is not conditional, and where freedom belongs to all—not as a privilege granted, but as a right recognized.

The Unsettling Reality of Justice in India

Kartika Arora

The recent ruling on marital rape exposes India’s justice system’s failure to protect women and uphold basic rights.

Violence against women is not new, but the growing brutality and the system’s failure to ensure justice are alarming. In past few years there has been more than 4lakh cases of crimes against women were registered—and now you imaging the number of cases per day, and these are just the reported ones. The real numbers are far worse.

Take Barkha, a Dalit woman from Uttar Pradesh, whose rape case was dismissed by the police because the accused was politically influential. Or Malini from Haryana, who was pressured to accept money instead of justice. There are surveys that depict that women aged 18-49 have faced physical violence since age 15, but only some sought help. Recent cases highlight the severity of the crisis: Kolkata Doctor’s Rape & Murder (2024) – A 31-year-old doctor raped and murdered after a 36-hour shift.

Dhing Gang Rape (2024) – A 14-year-old girl gang-raped in Assam. Pathanamthitta Serial Abuse (2018-2024) – A Dalit girl sexually exploited by over 60 people. Bilkis Bano Case (2002, judgment in 2019) – A pregnant woman gang-raped, her family murdered, with delayed justice. And now, the High Court sets a man free despite causing his wife’s death due to unnatural sex, citing the absence of marital rape laws.

This isn’t justice—it’s a loophole shielding predators under the guise of legal technicalities. Is this the Bharat we aspire to? Where victims are silenced, criminals are protected, and the judiciary bends to archaic reasoning? If the law cannot defend the most vulnerable, what does justice even stand for?

Environment and Sustainabilty

Advaith Dhanpal

Sustainability is a favourite topic every developed country talks about, but the practises of their own doesn’t make sense.

Sustainability in recent years has taken a new shape but the concept of sustainability is not alien to the people. Knowingly or unknowingly the principles of sustainability were being followed. Concepts like Satya and Wu Wei in Hinduism and Chinese respectively, existed for a long time. These principles were based on the present-day sustainability principles which are being promoted and asked to follow.

The modern-day sustainability has majorly developed because of the rapid industrialisation and exploitation of resources. There is not a particular individual to highlight for the tremendous growth in this sector many people and organisations like the Club of Rome and George Perkins Marsh have fueled the very idea. Club of Rome’s writing The Limits to Growth had warned about the collapse of the environment if the unchecked economic growth continued.

As of the 21st century, Sustainable Development is the goal for many nations. The United Nations Sustainable Development Goals were adopted in 2015 and marked 2030 as the year when all the sustainable goals should be completed.

The simple definition one can give about sustainable development is, satisfying the present needs without compromising the ability of future generations to meet their own needs. Here the resources are not kept in lockers or barred from usage the main idea is to make proper and clever use of resources so that our future generations can also enjoy the resources which we are enjoying today.

Paris Agreement:

The preamble of the Paris Agreement mentions the sustainable lifestyle and sustainable practices, the original lines from the preamble are, Also recognizing that sustainable lifestyles and sustainable patterns of consumption and production, with developed country Parties taking the lead, play an important role in addressing climate change. The mention of the Paris Agreement and its take on sustainability remains important because of the landmark nature of such an agreement. It is considered that for the first time, all the nations were brought together to combat climate change, which shows how important role does Paris Agreement play in the field of environment.

To promote sustainable practises the agreement included:

Commitment to reduce greenhouse gas emissions by all the countries,

Framework for the developed nations to help the developing nations to adopt sustainable practises.

Commitment to enhance international relations, by which knowledge could be shared across borders and promote global harmony and sustainability.

The agreement has focused on sustainable development and aims to provide climate justice.

Sustainable Practices Around the Globe

193 UN General Assembly Members have adopted the sustainable goals and here are a few countries with sustainable practices,

USA (United States of America):

The EPA ( Environmental Protection Agency) have already adopted sustainable practices and steps for keeping the environment clean. Programs like Green Buildings promote the use of stormwater management, water conversation, material reduction, recycling, composting and environmentally preferable building materials, use of renewable energy etc.

The other major program is WaterSense, this program is related to water.

The government is actively investing more in public transportation to cut down the use of private vehicles. Bicycle and pedestrian paths are especially being made for the upliftment of such modes of transport. Giving incentives while purchasing electric vehicles.

Programs in the field of energy sector have also gained lots of recognition. The products made of renewable energy are encouraged to get themselves labelled so that the customers can make informed decisions, this is a part of the Energy Star Program.

Sustainable Agriculture, waste reduction and Recycling the government has spread its arms across all the sectors and ensuring to follow the principles of sustainability.

Israel:

This country is 0.67% of the size of India and their renewable practises and goals are set for the year 2030.

Israel is a water-scarce Country, so the government have encouraged people to promote water conservation.

Desalination of seawater to freshwater. This country encourages the reuse and recycling of the water used in industrial uses and the farmers in Israel are asked to use techniques such as drip systems that would not cost much water and satisfy the plant needs.

Use of Renewable Energy and commitment to increase the energy generation to 30%. The country has aimed to increase the production of renewable energy by 30% by 2030. Solar energy at the household level is also promoted, the excessive energy produced is sent to the grid and gets compensated. The government have made dedicated zones where the development of renewable energy production is to be done.

Waste management and other agriculture practices are other sectors in which the government has spread its arms and been successful.

Sustainable practises in India:

The Indian government is actively taking part in promoting the use of sustainability. When Indians were rooted in their cultures sustainable practices were part and parcel of their life. Eating food on an “istharu” plate made of dried leaves, brushing teeth with neem stems and whatnot but all these practises are at the household level itself, the following are some sectors in which the government has introduced schemes related to sustainability.

Capacity of 175 GW of renewable energy by 2022, blending ethanol in petrol and diesel to curb the pollution levels and lower the import of crude. Ethanol is made of agricultural waste which is yet another step towards a green climate and helps in sustainable development as the needs of today are not getting sacrificed. Programs like UJALA which promotes the use of LED and subsidies given on the purchase of Electronic Vehicles, Use of plastic in building roads are other major programs dedicated to sustainability in the energy sector.

Jal Shakti Abhiyan promotes the water through rainwater harvesting and, the Namami Gange Program which is solely dedicated to rejuvenating the holy river Ganga from pollution. Many other programs are dedicated to groundwater management.

Paramparagat Krishi Vikas Yojana is a scheme which promotes organic farming and aims to reduce the use of fertilisers and pesticides. As of now the use of pesticides and fertilisers are at its peak, the good healthy food is being sprayed with chemicals which make them unhealthy and poisonous at times, the other aspect of the same spraying is the air pollution and the fertilisers and pesticides get penetrated into the soil which later on gets mixed with the groundwater which makes the food even more dangerous to consume.

The government is trying to promote resource-efficient farming techniques which would make farming even better.

The Green Buildings initiative, AMRUT scheme, and Smart Cities mission are classic examples of green urban development. Where development is not getting hampered instead green practices are being followed to maintain the balance between modernisation, development and Nature.

Conclusion:

Sustainability is no new concept to the world. The concept has existed since the beginning but now it needs a modern touch so that modern problems are solved. Many countries across the world are aiming to make the planet better in their own capacity, but more encouragement from the developed nations to the developing nations is expected. It is easy to fix a target of getting down the GHG, CFC and other emissions but the growth is something which cannot be put at stake.

Developed nations can lecture developing nations to follow green practices but the point is that developed nations have been through this phase a long time ago and now as they are settled, they don’t see any problem in having the same goals for all the countries. Working towards sustainability is surely a costlier option for a government but the point is to think about the future generations.

Programs such as the detonation of bombs under the water to showcase military power should be condemned at any cost, as the loss to the wildlife which is being created is vast. Firstly, the habitat of the aquatic life is gone, secondly, they must shift to some other place and thirdly people who consume such fish would get affected with health issues because of the environment the fish have been in.

Overfishing as of today is a big problem, everybody loves their food to be fresh, but overfishing is just killing the fish for no use, if there is no use of fishes then they are thrown in dumpsters.

The Indian Government’s steps to curb the use of single use plastic is also a sustainable approach because when the plastic got banned people are using more and more reusable bags and the encouragement of using cloth bags have increased tremendously in recent years that the absence of single use plastic is not being felt.

It is very easy to cut down half of the mountain for road construction but the alternate for the same is available that is to drill a hole through the mountain and make a tunnel, in this case you are not destroying the complete eco system but less impact to the ecosystem.

Nations across the world shall sit together and discuss the stance that developing nations will have. Help developing nations in their growth and share the technologies which would cut down the emissions and make the world a better place to live.

Criminalising PRIDE

Advaith Dhanpal

PRIDE is favourite topic of many as it gives a ticket of getting in to the elite club.

India always took inspiration during framing laws, be it the Fundamental Rights from the USA, Fundamental Duties from the USSR, Concurrent list from Australia and many more. Gender identity is essential for a human being to lead his/her life. The types or kinds of gender which are available these days are destroying the whole idea of genders, irrespective of the genitals they have or chromosomes they have. People now wish to be something new. Pride is not a universal rule that every country accepts or obliges with, many countries in the African Sub-continent and Russia itself have strict policies about this community and professing this community. The modern world’s approach to sexual preferences is completely different and it would be no surprise if a random person would call themselves the tree or have sexual preference for a tree. Cases have been recorded where people wish to marry AI chatbots as they are more convenient to spend life with and have fewer family or social pressures to handle. The cases of people switching their sexual preferences like switching their characters in GTA 5 are so common these days. There are many cases of Pride rallies turning into live adult video sessions where there are people of the same preferences kissing or spanking each other on the roads where students or children are witnessing such rallies. If sexual preference is given so importance then there will be cases of Humans having sexual preferences over dogs, cats or monkeys too. India as a country has never faced a population crisis where the government had to introduce schemes to increase the population. The country was always self-sufficient in terms of population. When people like the LGBTQ become more in number it is obvious that the population might have an effect. Considering the fact that the LGBTQ are very small in number maybe 2 or 3% of the entire Indian population they might not pose much impact on our country but what if a country smaller than India in terms of population or area starts to introduce pride appraising policies. The West can comfortably incorporate such policies as they are capital-efficient, experimental and most importantly influential. Whether it may be the TRIPS agreement or forcing the Indians to stop the traditional techniques they followed like brushing with salt, charcoal etc.. the West was always successful in influencing countries like India. Countries like Japan and China have been facing serious problems because of the population where the population in Japan is mostly the old people as the young generation fears raising a child, and it is being deemed as a burden to them. China on the other hand had control over its population through the One-Child policy where every couple could have only one child if more they would be punished or penalised. However, the recent changes in the Chinese child policy have given the citizens the right to have more than one child. The PRIDE movement has been influencing the minds of the people, which is the most efficient way to put forward one’s idea. The foreigners influenced Indians not to use Charcoal and salt in toothpaste and the same foreign companies are now coming up with such flavoured-infused toothpaste. Indians were always prey to foreign forces and one such force in this 21st century is accepting PRIDE. If there are any Legal problems which have to be answered on parenting, deciding who would be giving maintenance to whom or any such questions need not be heard as the entire movement is for fame and Western Pressure! India shall take inspiration from fellow African countries like Uganda or countries like Russia in framing stringent laws against such people.

Rebranding: The logo changing story

Advaith Dhanpal

Logos are essential part of brand identity, the legal aspects of updated logos are discussed here.

The brand logo represents the company’s identity. It represents the company itself. People tend to identify the brand based on its logo. The cost of logo making is as low as 0, which may increase to 50,000 INR or even more. Primarily logos are covered under the Trademark so the companies have to comply with the requirements per the trademark law. Generally, the trademark is held in India for 10 years and has to be renewed after that period. Rebranding is a marketing trick done by companies to relaunch their brand in the market with a new vision or upgraded vision the company have taken up. Companies like: Pepsi, Dunkin Donuts, Baskin Robins, Uber, US Open, Animal Planet, Google Ads, GoDaddy, Firefox, Burger King, Starbucks Coffee and many more, have recently changed their logos. Some logos have ended the brand identity and others are just better than the existing marks. To protect the brand’s identity and get exclusivity companies get IP rights over their brand identity, mainly their brand logo. A certain combination of colour and the way of representing the logo is protected in a trademark. Iconic symbols like Mahindra and Pepsi are protected the way they are. There is a particular symbol which companies have used throughout the period, so the IP rights regarding the same would only be available in the way the company has used its logo. To get a Trademark registered one has to fulfil the requirements as per the Trademark law. There are many rules followed to grant a valid Trademark. The marks which are fanciful like Zomato or Google tend to get their mark registered easily as these words were created and never existed before. There are other categories like Arbitrary and, Descriptive and the least chance of getting a trademark is on Generic category words like rice or Telangana etc.. Companies have to go through the entire process of getting their mark registered. Still, if companies like the above-mentioned have come up with an updated mark, where the change might even be minute, the company shall apply for a new registration. A trademark is given to a certain logo where there is a certain font, colour or words used. If the company comes up with a new mark and doesn’t get its new mark registered then they might not have a say in case of infringement suit as they are still holding their old registration and haven’t updated to the new one. So even if there is a minute change to a company logo it is advised that the company shall get it registered or the company shall wait till the expiry of the current mark registration so that once the mark registration is lapsed the company can start using the new one. IP rights have to be taken with due care as minute things matter too much in IP. The phonetics, font style, colour combination everything has importance in IP, hence the companies which are coming with new logos are advised to get their new marks registered so that they have exclusivity with their mark and have a strong say in case of suit for infringement. So if a company comes up with a proposal to change its existing logo to something new, they have to follow the Trademark registration process as it followed during its first logo registration.
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