A unique symbol or word(s) used to signify a business or its products is known as Trademark. Once registered, that same symbol or series of words cannot be used by any other organization, continually, as long as it remains in use and proper paperwork and fees are paid. Consider of the apple shape with the […]...
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Unarguably, having your own brand and developing it is one of the best things you could do to have a prosperous business and thus protecting the brand is also pertinent which could be done through registering your brand as a trademark with the appropriate authority. Registering a trademark is easier said than done as it’s […]...
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The Union Cabinet in its meeting dated 15.09.2020 gave the approval for signing the MoU with Denmark in the field of IP Cooperation. The MoU aims at increasing IP co-operation between the two countries...
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A trademark application is processed in accordance with The Trade Marks Act, 1999 and The Trade Marks Rules, 2017. 1. Application can be submitted offline or electronically through comprehensive e-filing module,
2. After receipt of the application, the application is queued for examination,...
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Article explains What is Trademark, Who can apply for a Trademark, What are the various types of Trademarks that can be registered, What are the Documents Required for the Registration of Trademark, What steps involved in Trademark application filling process and What are the Benefits of getting Trademark Registered. 1. What is Trademar...
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GENERAL UNDERSTANDING: As physical properties are transferred, the same way trademarks are also transferred. This transfer of trademark is called Assignment of trademark. In general terms, Assignment means transfer of title, rights, interest and benefits from one person to another person. Thus, Assignment of trademark means transfer of Ow...
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TOP REASONS WHY TRADEMARKS ARE IMPORTANT FOR STARTUPS AND SMALL BUSINESSES In the everyday life of a consumer, trademark strikes huge in mentoring their decision while choosing the products. Trademark symbol on the superscript of any brand name creates trust and cosy feel for brands, so customers can be easily attracted. Trademark logo, s...
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Selecting and getting a right name for an organization is important as the it will represent the organization. Some points to be kept in mind before selecting and applying the name are listed: The proposed name selected does not contain any word as prohibited in Section 4(2) & (3) of the Companies Act, 2013 read with Rule 8 of [&h...
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A Trademark is an intellectual property, the same as a physical property like land. Just like an owner of land has the right to sell or transfer his/her property, in the same way, the owner of a trademark also has the right to do the same to his/her trademark. Every owner of a trademark owner […]...
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TRADEMARK ACT,1999 CONTENTS 1. Introduction of intellectual property 2. Meaning of trademark 3. Examples of trade marks 4.Who may apply for trademark ? 5. Documents required for trademark in india 6. Trademark procedures in india 7. Grounds for rectification of registration 8. Cancellation of registration of trademark 9. Precautions of tr...
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Jai Bhagwan Gupta Vs Registrar of Trademarks & Ors. (Delhi High Court) -
The Petitioner relied upon Section 9 and Section 11 of the Trademarks Act, 1999 and submitted that the Respondent should examine the trademark applications in an efficient and proper manner in order to ensure that none of the marks which are brought before the Respondent are similar to that which are already registered and not clear for a...
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INTRODUCTION A trademark, one of the most important Intellectual property incorporates any word, name, image, or any mix, used , or expected to be used, in business to recognize the products of one producer or dealer from merchandise fabricated or sold by others and to show the wellspring of the products. It is an imprint […]...
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ITC Vs Nestle India Limited (Madras High Court) -
In the present case, the dispute arose for the aforementioned reason as it is the case of the Plaintiff that the adoption of the deceptively similar expression Magical Masala by the defendant in the year 2013 for marketing their noodles amounts to passing-off....
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Well-Known Trademark: India > GENERAL UNDERSTANDING Well-known trademarks are outcome of substantial and widely used mark. The usage, recognition, goodwill and reputation including others factors are the governing criteria for a mark to acquire the status of well-known trademark. A well-known trademark enjoys a special protection than ...
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ITC Vs Nestle India Limited (Madras High Court) -
The word Magic is laudatory. It is incapable of being appropriated by the plaintiff. As such no person can claim any monopoly over the said word Magic or Magical or their derivative as they are common to the trade. Therefore, it is incapable of being monopolised by any trader....
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International Society for Krishna Consciousness (ISKCON) Vs. Iskcon Appaeral Pvt. Ltd. & Anr. (Bombay High Court) -
At the outset, it is important to note that the claim of the Plaintiff that ISKCON is a well-known trade mark is not disputed by the Defendant. It is clear that ISKCON is a coined trade mark of the Plaintiff, that is to say that the said term ISKCON did not exists prior to the Plaintiff’s adoption and use of the same....
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Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others and may include shape of goods, their packaging and combination of colours. It can be a word, mark, logo, brand, symbol, packaging labels and wrapper, etc. used by manufacturers [&...
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Trademark means any word, symbol, logo, slogan, product packaging or design that identifies the goods or services from a particular source and differentiates the same from other business brands. In the present day and age, with people becoming more and more aware about their intellectual property rights, it has become a daunting task to c...
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MSME / Traditional Business = Ignoring Intellectual Property Protection Is Winding Up Business Business has not changed but the way of doing the business has changed and infact the change is on fast track mode thanks to Technology. Due to this fast track mode, many of the traditional business who never changed the way of […]...
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Trade Mark Registration Process Step 1: ♣ Click on the following link to start the registration procedure https://ipindiaonline.gov.in/trademarkefiling/user/frmLoginNew.aspx ♣ Then register yourself by clicking on “New User? Sign Up” ♣ Then proceed for Registration, if you fulfil the following two requirements: ♣ Class II or I...
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HT Media Limited & Anr. Vs. Brainlink International, Inc. & Anr. (Delhi High Court) -
The Court, in the present case, had appropriately restrained the Suit filed by the Defendant before the Eastern District of New York on the ground of being vexatious and oppressive. Further the Court rightly considered that Domain name is akin to a Trademark....
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Mark 'ICAI' which is the acronym of the Institute has acquired a distinctive character and as it exclusively considered to be associated with Identity of Institute of Chartered Accountants of India (ICAI)....
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Trademark application status can be easily tracked online using the governmental portal. But to have an exact idea of your trademark status it is important to know what exactly each status mean. Therefore, we The Consultant Guru have complied all the trademark status for easy understanding. The different Trademark Status are as follows: N...
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Most of the Trademark applicant’s end up losing their money, spent on trademark application and professional fee. They also tend to lose something more important than money i.e. their Precious time and Hope. A normal process of a Trademark registration approximately lies between one month to two years. Filing of a Trademark application ...
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TRADEMARK REGISTRATION A trademark is a non-identical symbol, word(s) used to represent a business or its products. It’s a type of intellectual property combination of recognizable sign, logo, word, or words which defines or expresses the business or products and legally differentiates from all other products of its kind. In accordance ...
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A trademark (popularly known as brand name) is a visual symbol which may be a word, signature, name, device, label, numerals or combination of colors used by one undertaking on goods or services or other articles of commerce to distinguish it from other similar goods or services originating from a different undertaking. The legal requirem...
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Let us understand some basics about registration of Designs and its related frequently asked questions (FAQs). The Designs office can assist you to search whether the design has been previously registered or not. For the same, application under Form No. 6 with requisite fees needs to be filed....
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What does the economy need? For an economy to grow and its consumer society to prosper, intellectual property serves as an underpinning factor for the country. To fight the present Pandemic, it is even more quintessential as it is a fundamental instrument to help nations fight together. Globally, the pharmaceutical and biotechnological co...
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We can trace development and use of Trade Marks from the days of industrial revolution. This was the face during which trade and commerce were at the top and world got an environment of good business practices. In industrial revolution era, various products had been developed, various innovations had been made. The industrial exploitation...
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What is a trademark and why it is important? A trademark is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others. The trademark owner can be an individual, business organization, or any legal entity. A trademark may be [&h...
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A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks. The trademark owner ...
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is the creative work of human intellect. For development of each country its human workforce plays a vital role. The level of intelligence and its protection are the key to success for every nation. The world today is running on the basis of natural resources and human intellect. For utilisation of natural resources also required [&hellip...
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WHAT IS A TRADEMARK? A trademark is a type of intellectual property. A trademark also commonly known as a trademark, trade-mark or a mark. A trademark consists of a recognizable sign, design, or expression which identifies products or services of a particular company and helps in distinguishing the products from those of others. The symbo...
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Article explains What Is A Trademark?, Dwifference Between A Word Mark And Device Mark/Logo, Other Type Of Trademarks (Sound Mark, Colour, Shape of Goods & Three Dimensional Mark), Use of TM and ® Symbols, Trademark Registration Process and Government Fees for Trademark. What Is A Trademark? In simple terms Trademark is often refer...
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As you all know Copyrights Trademarks Patents etc are buzzing words of this decade.To elaborate IPR in India are broadly classified in five categories that is Copyright, Trademark, Patent, Designs, Geographical indication The biggest opportunity/advantage as well as the threat in IPR is that it is an intangible asset. For example if I ...
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Public Notice No. TMR/HO/Public Notice/2020/410 -
(09/01/2020) -
It has been brought to the notice of the under signed that the documents submitted at the counter of the Trade Marks Registry, Mumbai were not classified properly due to which the documents were not get scanned and digitized as required and also not able to properly distributed in the respective sections for necessary action....
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There are many questions that might be arising while you want to register your Trademark. Here we have made a compilation of the Most Frequently Asked questions. Q 1. What is trademark? Ans: Basically a trademark is a brand or a logo that you use to distinguish your product from those of your competitors. The term […]...
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What Is A Trademark? In simple terms Trademark is often referred to as a brand. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others in the market and may include the shape of goods, their packaging and combination […]...
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Commercialisation of Intellectual Property Rights : IP Assignment and IP Licensing Commercialisation may be understood as a process of organisation of something in way to generate profit or managing a product or service or right or anything for financial gain. Assignment agreements are important since they allow the IP rights holder to tr...
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WHAT IS TRADEMARK? In general, trademark refers to ‘Brand’ or ‘Logo’. Trademark gives protection to your business name, symbol, phrase, design, tag line, brand name or logo which you are using for your business. It differentiates your product or service from others as it makes your customer recognize your product o...
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Registration of UDIN as Trade Mark Unique Document Identification Number (UDIN) is gaining acceptability in business and industry as a tool to bring authenticity to the certificates issued by the Chartered Accountants. More than 30 lakh UDINs have been generated and more than 1 lakh members have already registered on UDIN Portal. Bringing...
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Section 34- Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title […]...
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Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. To put it in a similar way it is a situation when an unauthorized person uses a trademark that is ‘identical’ or ‘deceptively similar’ to a registered trademark, it is known as infringement. There are two kinds of Trademark Inf...
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Want to safeguard your brand, logo or business name? Then you should surely know about trademark registration. What is Trademark Registration? Trademark registration provides legal identity to your brand, logo or company name. It helps your customer to distinguish your company products and services from others and creates business goodwil...
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Trademark is an important asset for an organization. People spend their sweat, money and life to create value in a brand, which helps to create a different position in the market for their products with other’s products. Organization registers their trademark to extend their protection from infringer/copycats. The registration of a trad...
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In a layman’s language, a trademark can be defined as a design, symbol, mark, word or phrase that marks the identity for a specific product, commodity, or a service. A trademark is a very important asset for any business. In this article, we shall discuss about the frequently asked questions about the various aspect of […]...
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Article discusses Trademark, its effect and its types, Types of Trademark:, Validity of a Trademark after registration, Steps for Trademark Registration in India, Status of the Trademark Application, Timeline of the Trademark registration process, Correction to the Trademark Application, Procedure of Renewal of a Trademark and Trademark A...
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INTRODUCTION: A Trade Mark popularly known as brand name in layman’s language ) is a visual symbol which may be a word to indicate the source of the goods, a signature, name, device, label, numerals, or combination of colours used, or services, or other articles of commerce to distinguish it from other similar goods or […]...
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Trademark is essentially another word for brand or brand name. A trademark can be any name, word, symbol, slogan, or device that serves to both identify and distinguish a business or product from others in the market. Once you have trademarked your business, if someone else makes an attempt to use something similar enough to […]...
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WHY BRAND NAME REGISTRATION NECESSARY? With the economic growth the demand for trademark registration is also growing. It is very important for all corporate owners be it businessman or individual entrepreneur, to protect your company as it is directly linked to your company’s success. The basic motto is to protect your business ag...
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INTRODUCTION Intellectual property (IP) pertains to any original creation of the human intellect such as artistic, literary, technical, or scientific creation. Intellectual property rights (IPR) refers to the legal rights given to the inventor or creator to protect his invention or creation for a certain period of time. These legal rights...
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1. Notice of Opposition to Registration Of Trademark Pursuant to section 21(1) read with rule 42, any person may within 4 months from the date of the advertisement or re-advertisement of Trade Mark Application (the date of publication of the trademark Journal in which the application for registration of the trademark was advertised or re-...
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International Standards Set out the benchmark for all the businesses who are dealing in different products or services that how any process should work. They help businesses by providing specifications for products, services and systems, to ensure that how quality, safety, reliability and efficiency are instrumental in facilitating Trade....
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The ingredients to levy service tax on an Intellectual Property Service are two fold. Firstly, there must be a service provided to any person, by any other person. Secondly, the service should be provided to the recipient by granting him the right to use or exploit any Intellectual Property service....
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In case the Registrar issues an examination report, the reply of the same has to be filed within one month from the date of receipt of the report. If the applicant fails to respond to the communication, the Registrar may treat the application as abandoned....
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In a layman’s language, a trademark can be defined as a design, symbol, mark, word or phrase that marks the identity for a specific product, commodity, or a service. It basically grants the lawful owner, a right of a lifetime to use, modify, or take any advantage from the registered trademark. It becomes a mark […]...
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PROCEDURE FOR TRADEMARK REGISTRATION- 1. To start with, search on the trademark’s department website on http://www.ipindia.gov.in/ as to whether the Trademark you intend to register is already registered or not....
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V. Venkata Siva Kumar Vs Institute of Cost Accountants of India (Madras High Court) -
V. Venkata Siva Kumar Vs Institute of Cost Accountants of India (Madras High Court) The petitioner seeks for a mandamus directing the first respondent to strictly comply with Sec 2(2) of Cost and Works Accountants Act 1959 as amended and desist from encroaching into the domains earmarked for the third respondent (Chartered Accountants) an...
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Trademark is a distinguishable Design, Symbol, Word, or Mark legally registered for representing an Entity or a Product. It not only provides an exclusive right to use the symbol but also enhance goodwill and face value of Owne...
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Madrid Protocol means the Protocol relating to the Madrid Agreement Concerning the International Registration of Marks adopted at Madrid on the 27th day of June, 1989, as amended from time to time. The Madrid Protocol gives trade mark owners the possibility of having their trademarks protected in several countries by simply filing one app...
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- A Trademark (popularly known as Logo or Brand) can be termed as a Symbol, a Mark, a label or an Expression which represents an entity or Goods or Service and which is capable of distinguishing the Goods and Services than those of others in the industry....
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In todays business world, the registration of intellectual property is extremely important to protect its ownership and the performance of the underlying business. From a Company Secretaries perspective, this article is aimed to raise awareness of the necessity of registration of a brand before it is made public....
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This is a welcome step and was long awaited. There was need to have a more robust, efficient and user friendly framework. Hope this will encourage one and all to seek protection of their trade marks....
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The year 2017 marks the rise of trademark applicants in India. With new companies emerging in the market, getting a trademark for your company has become very important....
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Trademark is one of the best ways to earn brand recognition. Trademark gives a legal right to the company to use a particular logo or a symbol to identify their business or a particular product. ...
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The process relating to generation & issuance of Patent certificates for applications made for grant of Patent has now been fully automated.Accordingly, from 3rd July 2017 the patent certificates will be generated through an automated system after the patent is granted by the Controller and shall be made available to the applicants concer...
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Government is taking steps to reduce the patent application examination time to 18 months. IPR enforcement tool kit enables police to beef up govt. machinery to handle infringement issues ...
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Patent is an exclusive right granted to a person by the Indian Patent office for an invention. Following Persons can apply for patent registration-(True and First)...
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Government has notified the new Trade Mark Rules, 2017 on 6th March, 2017 to streamline and simplify the processing of trade mark applications in the country. Some of the salient features of the new Trade Mark Rules, 2017 are as under:...
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The new Trademark Rules, 2017 came into existence from March 6, 2017, which makes the entire trademark registration process easy & hassle-free and The Trademark Rules, 2002 are hereby repealed without prejudice to anything done under such rules before the coming into force of these rules....
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The Government has notified the Trade Marks Rule, 2017 with an aim to simplify the process of Trade mark application and e-filing of trademark. Some of the main features of new Trademark rule are:...
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Notification No. F. No. 8/16/2015-IPR-IV -
(06/03/2017) -
A registered trademarks agent may apply in Form TM-G for alteration of his name, address of the place of residence, address of the principal place of business or qualifications entered in the register of trademarks agents. On receipt of such application and the fee prescribed in that behalf, the Registrar shall cause the necessary alterat...
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The objective of this tool kit is to provide a standardised ready reckoner for law enforcement agencies in India in relation to enforcement efforts against IP crimes, specifically trade mark and copyright counterfeiting and piracy. ...
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Definition of an intangible assets- As asset is identifiable if it either is separable or arises from contractual or other legal rights. For eg: A company takes access rights of operating a page on any website which is customized as per the requirements of the Company...
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The expression Trademark in this context is used in the broad sense to mean trademark, copyright, design, patent, secret formulas and more essentially the recognition, acceptance, acknowledgement, assurance and association with the quality of the product and services....
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So, by just incorporating a company with no issue it doesn’t mean you have secured your brand name. So it is advisable that entrepreneurs before started brand development programme by investing huge efforts and huge amount get clearance from Registrar of Companies and also from Trade Mark Registry....
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Public Notice No. CG/Public Notice-/2016-17/TMR/ -
(28/07/2016) -
The process relating to generation & issuance of registration certificates for applications made for registration of trademarks has been fully automated. Accordingly, from 1st august 2016 the registration certificates will be generated through an automated system in accordance with the relevant provisions of the Trade Marks Act & Rules an...
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A Patent Box is a special tax regime for Intellectual Property (IP) revenues. It is also known as IP-Box or Innovation-Box. The concept of Patent Box was first introduced by Irish and French Tax Authorities. In a Patent Box Tax Regime, a lower rate of tax is applicable for the income generated from licensing or transfer of intellectual pr...
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Notification No. CG/F/Start-up/Facilitators/2016/175 -
(16/06/2016) -
Accordingly, it is notified that all individuals and institutions who wish to apply as Facilitators for Startups in Patents & Designs and Trademarks may refer to the SIPP scheme details and Guidelines for facilitators and follow the procedure for registration, Form, terms and conditions etc. already available in the official website (www....
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Public Notice No. CG/F/2016/146 -
(14/06/2016) -
The Patents (Amendments) Rules, 2016 have come into force w.e.f. 16th May, 2016. In this regard the stakeholders and general public are hereby informed that in terms of provisions of sub-rule (13) of Rule 24C relating to expedited examination of applications, the number of requests for expedited examination to be received by the Patent Of...
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In this article we have discussed step by Flow Chart for Application of Patent, Design and Trademark in India by a Startups under Startup India Scheme. We have also updated List of Facilitators of Patents for Start-ups and same can be downloaded from the Following Link :- ...
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Public Notice No. CG/F/Start-up/Guidelines/2016/79 -
(08/06/2016) -
In respect to the Scheme for Facilitating Startups Intellectual Property (SIPP) announced by the Government of India and the list of facilitators published for the purpose, references have been received regarding the procedure to be adopted for filing/ processing of startups' applications for Patents...
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Public Notice No. CG/Misc./Facilitator/2016/506 -
(27/05/2016) -
Government of India has recognized government organizations like TIFAC / NRDC / BIRAC/DEITY / DSIR etc. for the purpose of consideration as facilitator for start-ups vide published Scheme for Facilitating Start-ups Intellectual Property Protection (SIPP) document....
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No. CG/F/Public Notice/2016 -
(18/05/2016) -
The documents that are required to be submitted by the Patent Agent in original after filing them electronically as per the provisions of rule 6(1A) of the Patents (Amendments) Rules, 2016, are as under.: (a) The Authorization of Patent Agent or Power of attorney (under rule 135)
(b) Proof of the right to make an application (under rule 1...
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(12/04/2006) -
Creativity and innovation have been a constant in growth and development of any knowledge economy. There is an abundance of creative and innovative energies flowing in India. India has a TRIPS compliant, robust, equitable and dynamic IPR regime. ...
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GSR---(E). -
(16/05/2016) -
In case an application processed by a startup is fully or partly transferred to any person other than a natural person or a startup, the difference, if any, in the scale of fees between the fees charged from a startup and such person to whom the application is transferred, shall be paid by the new applicant along with the request for tran...
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DSLSA approached the office of Controller General of Patents, Designs & Trade Marks Registry, Government of India to undertake a Pilot Project for amicable settlement of Opposition/ Rectification matters at the Trade Mark Registry, Delhi through its trained Advocates/ Mediators;...
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The Union Cabinet yesterday approved the National Intellectual Property Rights (IPR) Policy that will lay the future roadmap for intellectual property in India. The Policy recognises the abundance of creative and innovative energies that flow in India, and the need to tap into and channelise these energies towards a better and brighter fu...
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India has become the third largest base of technology start-ups in the world, according to the Economic Survey 2015-16. As a part of the Action plan announced by the Prime Minister of India, Shri Narendra Modi, the scheme for Startup Intellectual Property Protection (SIPP) was launched by the Government for enabling Start-Ups to protect t...
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CG/Public Notice-/2016-17 -
(11/04/2016) -
Some complaints were received claiming that applications had been treated as abandoned even though the reply on behalf of the applicants were submitted but the same were not considered by the office; some complaints were also received to the effect that the examination reports containing office objections were not received by the applican...
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Public Noticce No. CG/TMR Del/DSLSA/ -
(31/03/2016) -
In view of the pendency of Opposition/Rectification matters at Trade Mark Registry, Delhi, the office of Controller General of Patents, Designs & Trade Marks (CGPDTM) in collaboration with Delhi State Legal Service Authority (DSLSA) has undertaken to initiate a project to liquidate such pendency through Mediation /Conciliation based on Me...
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Press Information Bureau Government of India Ministry of Commerce & Industry 14-March-2016 17:28 IST Trademark Registration The government has proposed to introduce new rules for Trademark Registration. The existing Trade Marks Rules 2002 are proposed to be replaced by the Trade Marks (Amendment) Rules, 2015. The proposed Trade Marks ...
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Introduction Intellectual Property Rights (IPRs) are emerging as a strategic business tool for any business organization to enhance industrial competitiveness. Start-Ups, with limited resources and manpower, can sustain in this highly competitive world only through continuous growth and development oriented innovations; for this, it is eq...
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BEFORE THE REGISTRAR OF TRADE MARKS, NEW DELHI In the matter of Trade Mark Application No. ___________ AFFIDAVIT In support of request made to record the name of a Subsequent Applicant/Proprietor I, ______________________, Indian citizen, s/o __________________, R/o ______________________________________ do hereby solemnly affirm and decl...
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OFFICE ORDER NO. 74 OF 2015 -
(31/12/2015) -
The new numbering system for patent applications shall have 12 characters fixed length numeric standard Patent Application Format , applicable to all the Patent Offices in India and shall include identifiers of Year of filing, Jurisdiction, type of application and application number as per Annexure-1...
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Kali Aerated Water Works Vs Commissioner of Central Excise, Madurai (Supreme Court) -
The Hon’ble Supreme court in the case of Kali Aerated Water Works held that the restricted right to use of any trade mark and trade name does not make it use as use of brand name belonging to others since the assessee has right to use though restricted as mutually agreed between some parties. ...
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A Trade Mark is a visual symbol in the form of a word, a device,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons....
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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...
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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....
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