Etumon

Etumon Intellectual Property Law Center. Formerly: Tradesafe* Estd. 2005. Global Intellectual Property Quotes, Filing & Management Platform

We have constantly endeavoured to protect Intellectual Assets with the highest levels in India & Worldwide.

REGISTERED TRADEMARKS ON SALE* Takidcure* Taprocure* TatumorAll are Registered in Class 05 for "Pharmaceuticals and Medi...
22/08/2026

REGISTERED TRADEMARKS ON SALE
* Takidcure
* Taprocure
* Tatumor
All are Registered in Class 05 for "Pharmaceuticals and Medicinal Products". Anyone if interested in these Registered Trademarks should write to Etumon at [email protected] for an outright Assignment of Trade Marks.

Etumon* offers the full spectrum of legal services for the development, acquisition, commercialization, protection and e...
12/07/2026

Etumon* offers the full spectrum of legal services for the development, acquisition, commercialization, protection and enforcement of intellectual property rights worldwide.

Etumon

23/06/2026

"The Man of Average Intelligence and Imperfect Recollection"

The foundational standard used by IP courts to determine if a consumer is likely to confuse two brands. It assumes the average purchaser doesn't have a photographic memory. If they glance at a similar logo or hear a similar name later on, would they mistake it for the original brand?

India’s 1st Known Trademark Officially Exists.
02/06/2026

India’s 1st Known Trademark Officially Exists.

"BLACK & WHITE" is the 1st Indian Trademark bearing No. IN00000000010 in Class 33 for "Scotch Whisky". This Trademark was Applied for registration on dated 1st June 1942 by James Buchanan & Company Limited and was Registered on dated 29th October 1945 by the Patent Office Kolkata.

Surprisingly this Trademark is continuously renewed and active till 2026.

(There is no record available for the trademarks from 01-09 and not traceable)

NO COMMERCIAL USE = NO INFRINGEMENTTrademark Application Alone Is NOT Infringement - Delhi High Court Clarifies Scope of...
06/05/2026

NO COMMERCIAL USE = NO INFRINGEMENT

Trademark Application Alone Is NOT Infringement - Delhi High Court Clarifies Scope of Section 29 of Trade Marks Act, 1999

A recent ruling of the Delhi High Court has once again settled an issue that frequently arises in trademark litigation in India:

Can a trademark infringement suit be filed based only on a filed application? The clear answer is NO.

In the matter Deepak Kumar Khemka v. Yogesh Kumar Jaiswal & Ors., the Court dismissed a quia timet action where the Plaintiff relied solely on a “proposed to be used” trademark application without any evidence of actual commercial use.

Core Legal Position Under Section 29 of the Trade Marks Act, 1999:
→ Trademark infringement requires “use in the course of trade”
→ Mere filing or publication of a trademark application is not “use”
→ No cause of action arises without actual or imminent market presence

Quia Timet Actions in Trademark Law has a Limited Scope

The Court made it clear:
→ A quia timet suit for trademark infringement is maintainable only when there is
🔸credible evidence of imminent use
🔸tangible preparatory steps indicating market entry

→ Speculative apprehension does not equate legal injury

Practical Takeaways for Trademark Litigation Strategy
→ Filing a trademark infringement suit in India without proof of use may
lead to rejection under Order VII Rule 11 CPC
→ The appropriate remedy against a conflicting application is trademark
opposition before the →-> Courts will not entertain premature IP litigation based on intent alone

Why This Judgment Matters
This decision reinforces a crucial distinction in Indian trademark law. Rights may originate from registration, but infringement arises only through use.

WHY BIG BRANDS ARE TRANSFORMING TOWARDS PREMIUM PRODUCT MARKET?Today, Even a 50-year-old brand cannot compete with a 5-m...
29/04/2026

WHY BIG BRANDS ARE TRANSFORMING TOWARDS PREMIUM PRODUCT MARKET?

Today, Even a 50-year-old brand cannot compete with a 5-month-old startup if it refuses to evolve or facing great challenge.

Agile, a new-age startup is giving traditional giants the toughest competition they have ever faced.

They understand the modern consumer better, market more sharply, and build communities that legacy brands spent decades trying to create.

The legacy brands those are surviving simply by their honesty that was enough to evolve it.

Dabur India Limited stopped being just an Ayurvedic Brand and pivoted into premium wellness, rebuilding its identity for a millennial consumer.

Parle Biscuits Private. Limited launched ‘Platina’ in 2017, showing that the brand which built itself on affordability, was ready to play in the premium too.

Britannia Industries Limited throughly revamped its packaging and brand design, putting aside decades of visual identity to stay relevant in the minds of a younger buyer.

Raymond Lifestyle Limited rebuilt around a modern, casual, and contemporary lifestyle, a massive call for a brand.

Berger Paints India started leaning towards innovation, personalisation, and digital experience.

While Emami expanded beyond Navratna and Boroplus into premium wellness.

None of these were small decisions, each one required someone in the room to say: what got us here won't get us there if not changed.

Cadillac Trophy
28/04/2026

Cadillac Trophy

A golf swing captured in time and turned into sculpture.

The Cadillac Championship Trophy reinterprets the motion of a golfer’s swing into a solid, physical form. Standing 20 inches tall, its twisted metallic shape reflects the rotation, balance, and follow-through of a perfect shot—the kind of movement that normally exists for only a split second, now frozen forever in design.

What makes it interesting is not just the form itself, but the idea behind it: turning human motion into a lasting object. It’s a reminder that design can go beyond function and become a way of capturing energy, movement, and emotion in physical space.

This approach opens a wider conversation about how motion, performance, and precision can influence sculptural and product design in unexpected ways.

https://www.arch2o.com/dream-house-designs-to-inspire-you/

28/04/2026

Why Trademark now?
“Small businesses become valuable later and valuable businesses get copied”.
⚖️

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Patna
800001

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+919835215451

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