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Corporate Law - 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...
Read MoreCorporate Law - 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...
Read MoreCorporate Law - 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...
Read MoreCorporate Law - 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...
Read MoreCorporate Law - 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 […]...
Read MoreCorporate Law - 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)....
Read MoreCorporate Law - 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...
Read MoreCorporate Law - 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...
Read MoreCorporate Law - 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 ...
Read MoreCorporate Law - 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:...
Read MoreJai 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 ar...
Read MoreITC 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....
Read MoreITC 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....
Read MoreInternational 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...
Read MoreHT 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....
Read MorePublic 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 sec...
Read MoreNotification 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 Reg...
Read MorePublic 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 prov...
Read MoreNotification 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...
Read MorePublic 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 exa...
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Jai Bhagwan Gupta Vs Registrar of Trademarks & Ors. (Delhi High Court) -
ITC Vs Nestle India Limited (Madras High Court) -
