trademark

Registration of Your Trademark

Corporate Law -  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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Scope for CS Under Intellectual Property Right (IPR) Law

Corporate Law - 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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Opposition to Registration Of Trademark Under Trademark Act, 1999 along with Trademark Rules, 2017

Corporate Law - 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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ISO Registration and Requirements

Corporate Law - 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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Intellectual Property Rights and Service Tax

Corporate Law - 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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CGPDTM introduces automatic system for patent certificates

Corporate 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...

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Patent application examination time may reduce to 18 months

Corporate 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 ...

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Salient features of the new Trade Mark Rules, 2017

Corporate 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:...

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SOP-Pending Trade Mark Mediation Process

Corporate Law - 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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Govt approves National Intellectual Property Rights Policy

Corporate Law - 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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Restriction to use trade mark beyond a physical area limit does not automatically make it usable within the allowed area if same belongs to other person- SC

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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Use of words on a product package, even though they may not serve as brand names, would amount to infringement, if identical or similar to prior registered trademarks

Hawkins Cookers Ltd Vs. Murugan Enterprises (Delhi High Court) - 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...

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Non-brand use amounts to trade mark infringement

Hem Corporation Pvt. Ltd. Vs ITC Limited (Bombay High Court) - 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...

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Damage for unauthorized trademark use can be claimed only on submission of proof of damage

Hahnemann Laboratory Ltd. & Ors. Vs The Hahnemann India Laboratories (BN) & Ors. (Calcutta High Court) - 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. Accor...

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Bombay HC division bench dismisses Cadila Pharmaceuticals’ appeal in trademark case

Cadila Pharmaceuticals Limited. Vs Sami Khatib Of Mumbai (Bombay High Court) - Cadila Pharmaceuticals Limited. vs Sami Khatib Of Mumbai (Medley Pharmaceuticals Limited). A division bench of the Bombay high court last week dismissed the appeal of Cadila Pharmaceuticals against the judgement of a single judge bench restraining Cadila from manufacturing, marketing or exporting m...

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All about Trade Mark and Trade Mark Application in India

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 Reg...

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Process for trademarks made fully automated

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 prov...

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Date for Enrolment as Facilitators for Startups in Patents & Trade Marks

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...

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Reg. Request for Expedited Examination of Patent Application

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 exa...

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Startups- Guidelines for Patent, Designs & Trade Marks application

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 Patent...

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Recent Posts in "trademark"

Registration of Your Trademark

 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...

Read More
Posted Under: Corporate Law |

Scope for CS Under Intellectual Property Right (IPR) Law

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...

Read More
Posted Under: Corporate Law |

Opposition to Registration Of Trademark Under Trademark Act, 1999 along with Trademark Rules, 2017

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-...

Read More
Posted Under: Corporate Law |

ISO Registration and Requirements

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....

Read More
Posted Under: Corporate Law |

Intellectual Property Rights and Service Tax

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....

Read More
Posted Under: Corporate Law |

What do you if you received objection for your trademark

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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Posted Under: Corporate Law |

Initial steps for filing Trademark Application

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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Posted Under: Corporate Law |

Importance and Procedure of Trademark Registration

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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Posted Under: Corporate Law |

Trademark Registration in India

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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Posted Under: Corporate Law |

Madrid protocol – The International Trademark System

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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Posted Under: Corporate Law |

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