trademark

Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney Full Article

The Office of Controller General of Patents, Designs and Trade Marks has taken the following steps to strengthen the process and creations of Intellectual Property Rights. (i) The filing of Patents and Trademarks applications has been made online. Full Article

It can be concluded that registering INTELLECTUAL PROPERTIES will be a strong protection and a value addition to the corporate sector. It is as much an asset as any other property. Always we have to remember as said earlier, IF YOU HAVE A TRADEMARK, REGISTER IT and IF YOU HAVE REGISTERED A TRADEMARK then USE IT. Full Article

Trade Mark registration is quasi-judicial process and tends to be time consuming as it involves various steps, inter-alia, examination, publication and disposal of opposition. Sharp increase in the applications filed in the recent years and shortfall in manpower are the other reasons for delay. Full Article

If in the sale it becomes reasonably necessary for the manufacturer of adaptable goods, to refer to the trademark of the relatable goods, such reference would not amount to an infringement of the trademark under which the relatable goods are sold, but has misapplied the evidence on record. The error committed is by proceeding upon the premise that the evidence establishes that the respondent manufactures gaskets specifically for the special sizes of pressure cookers manu.. Full Article

The Court held that even if the defendant genuinely intended using the mark only to describe the aroma of the products, it would make no difference if the use of the mark is likely to be taken as a use as a trademark. The use of a registered trademark would constitute an infringement if it indicates a connection in the course of trade between the person and his goods. Full Article

In the 1st week of October, 2009, the petitioner came to know that the respondents have infringed its trademark by using the word ‘Arnimax’ on its products coupled with the trade dress and thereby has infringed the registered trademark and passed off its products as that of the petitioner. Accordingly, C.S. 360 of 2009 was filed and an interim order passed on 19th February, 2010 restraining the respondent from dealing with, offering for sale, advertising, marketing o.. Full Article

In order to provide enhanced services to its stakeholders, MCA in a joined up service with the Trademark department has provided a facility for searching the trademark database before applying for Name availability. You can now use the link 'Public Search of Trade Marks' available on the MCA21 portal before applying for a company name to verify that the name is not subjected to any trademark or pending for trademark registration. Full Article

Pending Trademark Disputes The number of trademark dispute applications/files, which are under opposition and pending in the various offices of the Trade Marks Registry, is as under:- Full Article

Providing relief to a Chinese company, Double Coin Holdings Ltd, the Delhi High Court has restrained Trans Tyres (India) Pvt Ltd from selling tyres and tubes bearing the brand name ''Double Coin''. Trans Tyres is a selling agent of the Chinese company and has got registration of trademark ''Double Coin'' for tyres and tubes in India in its name. Full Article