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61-756: The Taj Mahal Palace is a heritage, five-star, luxury hotel in the Colaba area of Mumbai , Maharashtra , India , situated next to the Gateway of India . Built in the Indo-Saracenic style, it opened in 1903 as the Taj Mahal Hotel and has historically often been known simply as "The Taj". The hotel is named after the Taj Mahal , which is located in the city of Agra approximately 1,050 kilometres (650 mi) from Mumbai. It has been considered one of

122-491: A meteorological observatory was established in 1826 in the part that was called Upper Colaba. The Colaba Causeway was completed in 1838, and thus, the remaining two islands were joined to the others. Gradually, Colaba became a commercial center, after the Cotton Exchange was opened at Cotton Green in 1844. The real estate prices in the area went up. The Colaba Causeway was widened in 1861 and 1863. Colaba became

183-592: A "first-to-file" system, which grants rights to the first entity to register the mark. However, well-known trademarks are an exception, as they may receive protection even without registration. In contrast, a few countries, like the United States, Canada, and Australia, follow a "first-to-use" or hybrid system, where using the mark in commerce can establish certain rights, even without registration. However, registration in these countries still provides stronger legal protection and enforcement. For example, in

244-444: A company or product. A trademark, by contrast, offers legal protection for a brand with enforceable rights over the brand's identity and distinguishing elements. Trademark law is designed to fulfill the public policy objective of consumer protection , by preventing the public from being misled as to the origin or quality of a product or service. By identifying the commercial source of products and services, trademarks facilitate

305-467: A competitor uses the same or a confusingly similar trademark for the same or similar products in a jurisdiction where the trademark is protected. This concept is recognized in many jurisdictions, including the United States, the European Union, and other countries, though specific legal standards may vary. To establish trademark infringement in court, the plaintiff generally must show: Trademark

366-630: A distinctive label or ticket'. In the United States , Congress first attempted to establish a federal trademark regime in 1870. This statute purported to be an exercise of Congress' Copyright Clause powers. However, the Supreme Court struck down the 1870 statute in the Trade-Mark Cases later on in the decade. In 1881, Congress passed a new trademark act, this time according to its Commerce Clause powers. Congress revised

427-437: A generic product or service name. They should stand out from the surrounding text using capital letters, bold type, italics, color, underlining, quotation marks, or a unique stylized format. For example, say “LEGO® toy blocks” instead of “Lego’s.” A trademark may be designated by the following symbols: While ™ and ℠ apply to unregistered marks (™ for goods and ℠ for services), the ® symbol indicates official registration with

488-609: A loss of rights in the trademark. It is still possible to make significant changes to the underlying goods or services during a sale without jeopardizing the trademark, but companies will often contract with the sellers to help transition the mark and goods or services to the new owners to ensure continuity of the trademark. Trademarks are often confused with patents and copyrights . Although all three laws protect forms of intangible property, collectively known as intellectual property (IP), they each have different purposes and objectives: Among these types of IP, only trademark law offers

549-553: A result of losing the British customers after Indian independence . The Taj Mahal Hotel was home to legendary jazz musician Micky Correa, "The Sultan of Swing", from 1936 to 1960. Management of the Taj Mahal Hotel was franchised to Pan Am 's Inter-Continental Hotels division in 1972 and it was renamed The Taj Mahal Inter-Continental , with the new tower wing opening that same year. Known today as The Taj Mahal Tower, it

610-545: A seafront road with a raised sea-side promenade was completed, and named as " Cuffe Parade " after T. W. Cuffe of the Trust. The Gateway of India , the art deco style Regal Theatre, the cafes ( Café Mondegar , Cafe Royal and Leopold Cafe ), and the Taj Mahal Palace & Tower , Royal Bombay Yacht Club , Bademiya Restaurant and Bagdadi restaurant, as well as a number of modern pubs, restaurants and clubs all add to

671-534: A separate municipality ward in 1872. The Sick Bungalows (now known as INHS Asvini) were built in the 19th century. The construction of the Afghan Church after the First Afghan War of 1838) began in 1847. The Church was consecrated in 1858, with the work on the steeple being concluded in 1865. The horse-drawn tram-cars were introduced in 1873 by Stearns and Kitteredge , who had their offices on

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732-430: A symbol of Indian wealth and progress". The hotel was attacked on 26 November 2008, during which material damage occurred, including the destruction of the hotel's roof in the hours following. Hostages were taken during the attacks, and at least 167 people were killed, including many foreigners. The casualties were mostly Indian citizens, although westerners carrying foreign passports were singled out. Indian commandos killed

793-836: A trademark is to identify the source of goods or services and prevent consumers from confusing them with those from other sources. Legal protection for trademarks is typically secured through registration with governmental agencies, such as the United States Patent and Trademark Office (USPTO) or the European Union Intellectual Property Office (EUIPO). Registration provides the owner certain exclusive rights and provides legal remedies against unauthorized use by others. Trademark laws vary by jurisdiction but generally allow owners to enforce their rights against infringement, dilution, or unfair competition. International agreements, such as

854-701: A whole. Trademark protection does not apply to utilitarian features of a product such as the plastic interlocking studs on Lego bricks. The earliest examples of use of markings date back to around 15,000 years ago in Prehistory . Similar to branding practices, the Lascaux cave paintings in France, for instance, depict bulls with marks, which experts believe may have served as personal marks to indicate livestock ownership. Around 6,000 years ago, Egyptian masonry featured quarry marks and stonecutters' signs to identify

915-493: Is "escalator," which was once a trademark. In contrast, patents have a fixed term, typically lasting 20 years from the filing date, after which the invention enters the public domain. Copyrights generally last for the life of the author plus an additional 50 to 70 years (depending on the jurisdiction), after which the protected work enters the public domain. Although intellectual property laws such as these are theoretically distinct, more than one type may afford protection to

976-435: Is inherently distinctive (able to identify and distinguish a single source of goods or services), often falling into categories such as suggestive, fanciful, or arbitrary, and is therefore registerable. In contrast, weak trademarks tend to be either descriptive or generic and may not be registerable. The registration process typically begins with a trademark clearance search to identify potential conflicts that could prevent

1037-484: Is renowned for high-end boutiques and imitation consumer goods, and is popular with tourists. Notable residents include Ratan Tata , Anil Ambani , and Ravi Shastri . Colaba Causeway, or just "Causeway" as it is known in Mumbai, offers everything from bracelets to perfumes to clothes to watches, clocks, DVDs and CDs. It has an old English charm and a very modern feel as well. Colaba is also the art center of Mumbai, with all

1098-503: Is required to act as the "basic mark." In the international application, the trademark owner can designate one or more Madrid System Member countries for protection. Each designated country’s trademark office will review the Madrid application under its local laws to grant or refuse protection. In the United States, for example, a trademark must first be registered or pending with the U.S. Patent and Trademark Office (USPTO) to serve as

1159-466: Is subject to various defenses, such as abandonment, limitations on geographic scope , and fair use. In the United States, the fair use defense protects many of the interests in free expression related to those protected by the First Amendment . Fair use may be asserted on two grounds, either that the alleged infringer is using the mark to describe accurately an aspect of its products, or that

1220-606: Is used to refer to both trademarks and service marks. Similarly, the World Intellectual Property Organization (WIPO) defines a trademark as a sign capable of distinguishing the goods or services of one enterprise from those of other enterprises. WIPO administers the Madrid Protocol , which allows trademark owners worldwide to file one application to register their trademark in multiple countries. Almost anything that identifies

1281-647: The Paris Convention and the Madrid Protocol , simplify the registration and protection of trademarks across multiple countries. Additionally, the TRIPS Agreement sets minimum standards for trademark protection and enforcement that all member countries must follow. The term trademark can also be spelled trade mark in regions such as the EU, UK, and Australia, and as trade-mark in Canada. Despite

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1342-735: The Seven Islands of Mumbai ruled by the Portuguese . The Portuguese had acquired these lands from the Sultanate of Cambay by the Treaty of Vasai (1534) . The group of islands was given by Portugal to Charles II of England as a dowry when he married Catherine of Braganza in 1661. The cession of Mumbai and dependencies was strongly resented by Portuguese officials in Goa and Mumbai, who resisted transfer of possession for several years, while

1403-646: The "basic mark" necessary for Madrid filings. The trademark registration process with the USPTO generally follows these steps: Trademark owners seeking protection in multiple jurisdictions have two options: the Paris route, under the Paris Convention , or the Madrid System , which is administered by WIPO . The Paris route, covering 180 countries and also known as the "direct route," requires filing separate applications with each country’s IP office. In contrast,

1464-462: The British took over the island in the late 17th century, it was known as Kolio. The name Colaba comes from Kolabhat , a word in the language of Kolis , the indigenous inhabitants of the islands, before the arrival of the Portuguese. The area that is now Colaba was originally a region consisting of two islands: Colaba and Little Colaba (or Old Woman's Island ). The island of Colaba was one of

1525-846: The English in about 1762, subject to the retention of Portuguese ownership of a house on the island, that is now the Blessed Sacrament Chapel in Middle Colaba. This was leased by the Portuguese Government of Goa to the Bishop of Damao , the head of the Padroado party in Mumbai, as his residence. After an attempt by the Propaganda Fide party to seize the chapel, a court ruled that the house remained

1586-634: The English representatives were confined to the island of Anjediva while negotiations continued. Angered by the back-tracking, Charles II leased these lands to the British East India Company for a nominal annual rent. Gerald Aungier , second Governor (1672), and the president of the English settlement of Surat , took possession of Colaba and Old Woman's Island on behalf of the Company in 1675. Portugal continued to hold Little Colaba island for several decades more before ceding it to

1647-429: The European Union requires "genuine use" of the mark within a continuous five-year period following registration to maintain the trademark, with non-use potentially resulting in revocation. The trademark owner must enforce their rights to preserve the trademark's distinctiveness , prevent trademark infringement, and avoid dilution. Enforcement after registration generally involves: Trademark infringement occurs when

1708-468: The Madrid System streamlines the process by allowing a single Madrid application, built on an existing or applied-for national or regional registration (the "basic mark"), to extend protection to up to 131 countries. Unlike patents and copyrights , which have fixed expiration dates, trademark registrations typically have an initial term of 10 years and can be renewed indefinitely, as long as

1769-577: The Roman Empire. Other notable trademarks that have been used for a long time include Stella Artois , which claims use of its mark since 1366, and Löwenbräu , which claims use of its lion mark since 1383. The first trademark legislation was passed by the Parliament of England under the reign of King Henry III in 1266, which required all bakers to use a distinctive mark for the bread they sold. The first modern trademark laws emerged in

1830-528: The Trademark Act in 1905. The Lanham Act of 1946 updated the law and has served, with several amendments, as the primary federal law on trademarks. The Trade Marks Act 1938 in the United Kingdom set up the first registration system based on the "intent-to-use" principle. The Act also established an application publishing procedure and expanded the rights of the trademark holder to include

1891-492: The Trademark Electronic Search System (TESS) in 2023. A comprehensive clearance search involves checking the USPTO database for federally registered and applied-for trademarks, state trademark databases, and the internet to see if someone else has already registered that trademark or a similar one. The search should also include looking at both words and designs. To search for similar designs in

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1952-486: The UK Patent Office for the first time. Registration was considered to comprise prima facie evidence of ownership of a trademark and registration of marks began on 1 January 1876. The 1875 Act defined a registrable trade mark as a device or mark, or name of an individual or firm printed in some particular and distinctive manner; or a written signature or copy of a written signature of an individual or firm; or

2013-400: The USPTO database, design search codes must be used. WIPO ’s Global Brand Database provides international access to trademarks and emblems. Trademark owners can either maintain protection at the national level or expand internationally through the Madrid System by building on their national registration. To pursue international protection, a national registration or pending application

2074-584: The United States, trademark rights are established either (1) through first use of the mark in commerce, creating common law rights limited to the geographic areas of use, or (2) through federal registration with the U.S. Patent and Trademark Office (USPTO), with use in commerce required to maintain the registration. Federal registration with the USPTO provides additional benefits, such as: Trademark law grants legal protection to "distinctive" trademarks, which are marks that allow consumers to easily associate them with specific products or services. A strong trademark

2135-459: The alleged infringer is using the mark to identify the mark owner. One of the most visible proofs that trademarks provide a limited right in the U.S. comes from the comparative advertising that is seen throughout U.S. media. An example of the first type is that although Maytag owns the trademark "Whisper Quiet" for its dishwashers, makers of other products may describe their goods as being "whisper quiet" so long as these products do not fall under

2196-495: The atmosphere. The southern tip is occupied by a military cantonment, including the large Navy Nagar layout built on reclaimed land known as Holiday Camp. The older parts of the cantonment retains its large, wooded spaces and is the only bit of green left in this otherwise congested area. In the midst of Navy Nagar lies the Tata Institute of Fundamental Research (TIFR), one of India's leading scientific institutions. Colaba

2257-566: The attacks and that some countermeasures had been taken. These may have been relaxed before the attack, but in any case were easily sidestepped by the operatives. The less-damaged sections of the Taj Mahal Palace and Tower hotel reopened on 21 December 2008. It took several months to rebuild the popular heritage section of the Taj Mahal Palace Hotel. In 2017, the Taj Mahal Palace Hotel acquired an image trademark ,

2318-438: The barring of trademark use even in cases where confusion remained unlikely. This Act served as a model for similar legislation elsewhere. The oldest registered trademark has various claimants, enumerated below: Trademark protection can be acquired through registration and/or, in certain countries, through use. Globally, the most common method for establishing trademark rights is registration. Most countries operate under

2379-595: The different spellings, all three terms denote the same concept. In the United States, the Lanham Act defines a trademark as any word, phrase, symbol, design, or combination of these things used to identify goods or services. Trademarks help consumers recognize a brand in the marketplace and distinguish it from competitors. A service mark , also covered under the Lanham Act, is a type of trademark used to identify services rather than goods. The term trademark

2440-711: The finest hotels in the East since the time of the British Raj . The hotel was one of the main targets in the 2008 Mumbai attacks . Part of the Taj Hotels Resorts and Palaces , the hotel has 560 or 600 rooms and 44 suites and is considered the flagship property of the group; it employs 1,600 staff. The hotel is made up of two different structures: the Taj Mahal Palace and the Tower, which are historically and architecturally distinct from each other (the Taj Mahal Palace

2501-422: The first building in the country to secure intellectual-property-right protection for its architectural design . Colaba Colaba ( [koˈlaːbaː] ; or ISO : Kolābā) is a part of the city of Mumbai , India. It is one of the four peninsulas of Mumbai while the other three are Worli , Bandra and Malabar Hill . During Portuguese rule in the 16th century, the island was known as Kolbhat. After

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2562-409: The identification of products and services which meet the expectations of consumers as to the quality and other characteristics. Trademarks may also serve as an incentive for manufacturers, providers, or suppliers to consistently provide quality products or services to maintain their business reputation. Furthermore, if a trademark owner does not maintain quality control and adequate supervision about

2623-574: The late 19th century. In France, the first comprehensive trademark system in the world was passed into law in 1857 with the "Manufacture and Goods Mark Act". In Britain, the Merchandise Marks Act 1862 made it a criminal offense to imitate another's trade mark 'with intent to defraud or to enable another to defraud'. The passing of the Trade Marks Registration Act 1875 allowed formal registration of trademarks at

2684-625: The major galleries and museums located in and around this area. Even today, in 2020, the government has managed to preserve most of its colonial-era architectures. Colaba is home to the Cooperage Football Ground . Nearest railway stations: On 26 November 2008, terrorist strikes occurred at various places in and near Colaba, notably the Taj Mahal Palace & Tower , Leopold Café , Marine Drive and Mumbai Chabad House . The attacks resulted in over 100 deaths and significant damages. Trademark The primary function of

2745-532: The manufacture and provision of products or services supplied by a licensee, such "naked licensing" will eventually adversely affect the owner's rights in the trademark. For US law see, ex. Eva's Bridal Ltd. v. Halanick Enterprises, Inc. 639 F.3d 788 (7th Cor. 2011). This proposition has, however, been watered down by the judgment of the House of Lords in the case of Scandecor Development AB v. Scandecor Marketing AB et al. [2001] UKHL 21; wherein it has been held that

2806-415: The mark remains in continuous use in commerce. If the trademark owner stops using the mark for too long (typically three to five years, depending on the jurisdiction), the trademark rights may be lost. For example, in the United States, trademark rights are based on use in commerce. If a mark is not used for three consecutive years, it is presumed abandoned and becomes vulnerable to challenges. Similarly,

2867-476: The mere fact that a bare license (the equivalent of the United States concept of a naked license) has been granted did not automatically mean that a trademark was liable to mislead. By the same token, trademark holders must be cautious in the sale of their mark for similar reasons as apply to licensing. When assigning an interest in a trademark, if the associated product or service is not transferred with it, then this may be an "assignment-in-gross" and could lead to

2928-422: The native kolis to the edges of the island. The Mumbai City Improvement Trust reclaimed around 90,000 square yards (75,000 m ) on the western shore of Colaba. Eminent citizens of Mumbai, such as Sir Pherozeshah Mehta , opposed the work, fearing that the reclamation would depress prices of land. However, the reclamation work continued and was completed in 1905. There was no fall in the land prices. In 1906,

2989-421: The possibility of perpetual rights, provided the trademark is continuously used and renewed. However, if a trademark is no longer in use, its registration may be subject to cancellation. Trademarks can also lose protection through genericide , a process where a trademark becomes so widely used to refer to a category of goods or services that it loses its distinctiveness and legal protection. A well-known example

3050-523: The property of the Government of Portugal and evicted the Propaganda Fide party. In 1743, British Colaba was leased to Richard Broughton at Rs. 200 yearly, and the lease was renewed in 1764. By 1796, Colaba had become a cantonment. Colaba was known for the variety of fishes – the bombil ( Bombay duck ), rawas , halwa , turtles, crabs, prawns and lobsters. A Colaba Observatory ,

3111-527: The registration of the trademark. A comprehensive clearance search can help avoid costly and time-consuming issues, such as refusal to register, opposition or cancellation proceedings, or a trademark infringement lawsuit. In the United States, the USPTO maintains a publicly accessible database of registered trademarks. This database can be searched using the Trademark Search system, which replaced

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3172-425: The relevant national authority. Using the ® symbol for unregistered trademarks is misleading and can be treated as unfair business practice. It may also result in civil or criminal penalties. A brand is a marketing concept that reflects how consumers perceive a product or service. It has a much wider meaning and refers to the proprietary visual, emotional, rational, and cultural image that customers associate with

3233-426: The same article. For example, the particular design of a bottle may qualify for copyright protection as a non-utilitarian [sculpture], or trademark protection based on its shape, or the ' trade dress ' appearance of the bottle as a whole may be protectable. Titles and character names from books or movies may also be protectable as trademarks while the works from which they are drawn may qualify for copyright protection as

3294-405: The same category of goods the trademark is protected under. An example of the second type is that Audi can run advertisements saying that a trade publication has rated an Audi model higher than a BMW model since they are only using "BMW" to identify the competitor. In a related sense, an auto mechanic can truthfully advertise that he services Volkswagens , and a former Playboy Playmate of

3355-486: The source of goods or services can serve as a trademark. In addition to words, slogans, designs, or combinations of these, trademarks can also include non-traditional marks like sounds, scents, or colors. Under the broad heading of trademarks, there are several specific types commonly encountered, such as trade dress, collective marks, and certification marks: To maintain distinctiveness , trademarks should function as adjectives, not as nouns or verbs, and be paired with

3416-488: The stone's origin and the workers responsible. Wine amphorae marked with seals were also found in the tomb of Pharaoh Tutankhamun , who ruled ancient Egypt more than 3,000 years ago. Over 2,000 years ago, Chinese manufacturers sold goods marked with identifying symbols in the Mediterranean region. Trademarks have also been discovered on pottery, porcelain, and swords produced by merchants in ancient Greece and

3477-551: The terrorists barricaded in the hotel, to end the three-day battle on 29 November. At least 31 died at the Taj . Approximately 450 people were staying in the Taj Mahal Palace and Hotel at the time of the siege. The attack was planned using information compiled by David Headley , a Pakistani-American, who had stayed at the hotel multiple times. Soon after this on 30 November, Tata chairman Ratan Tata said in an interview with CNN 's Fareed Zakaria that they had received advance warning of

3538-611: The west side of the Causeway, where the Electric House now stands. The Prong's lighthouse was constructed at the southern tip of the island in 1875. The eponymous Sassoon Docks were built by David Solomon Sassoon on reclaimed land in the same year. The BB&CI Railways established the Colaba railway station or terminus , the site of which is now occupied by the Badhwar Park layout. The development of Colaba pushed

3599-423: Was built in 1903; the Tower was opened in 1972). The Taj Mahal Hotel was commissioned by Jamsetji Tata and opened its doors to guests on 16 December 1903. An oft-repeated story concerning the reasoning behind the construction of the hotel was Tata being refused admission into Watson's Hotel , as it was reserved for Europeans. The validity of this has been challenged by writer Charles Allen, who wrote that Tata

3660-453: Was designed jointly by Daraius Batliwala and Rustom Patell, with the latter having a greater focus later on. The Tower was built on the site of the historic Green's Hotel, constructed as flats in 1890, and operated by Tata as a hotel from 1904 until its demolition to build the Tower. Taj Mahal Palace Hotel was specifically chosen by Lashkar-e-Taiba , a terror group who attacked multiple targets, for an attack intended to strike "a blow against

3721-438: Was unlikely to care about such a slight to the extent that he would construct a new hotel. Instead, Allen writes, the Taj was built at the urging of editor of The Times of India who felt a hotel "worthy of Bombay" was needed and as a "gift to the city he loved" by Tata. Originally, the main entrance was on the land-facing side, where the pool now sits. By 1966, the Taj Mahal Hotel had become neglected and run-down, perhaps as

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