trademark

Trademark Registration Procedure

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...

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Assignment of Trademark

Corporate 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...

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Top Reasons Why Trademarks Are Important For Startups & Small Businesses

Corporate 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...

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Name Search For A Company

Corporate 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...

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How to Transfer The Ownership of Trademark

Corporate 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 […]...

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ICAI Advisory on unauthorised use of Trademark ‘ICAI’

Corporate 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)....

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ICAI gets Registration of acronym “UDIN” as Trade Mark

Corporate 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...

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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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Brief Order a must for ‘Advertisement before Acceptance’ of Trademark

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 ar...

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Monopoly cannot be claimed on Words being Common to Trade

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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Sunfeast -Maggi Dispute – No Monopoly on word ‘Magic’, ‘Masala’

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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ISKCON is a well-known trade mark & use by others of if it is Misuse: HC

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...

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Delhi HC on Domain Name and Anti-Injunction Suit

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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Guidelines for submission of Cash/Non-Cash documents at Trade Marks Registry

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 sec...

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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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Recent Posts in "trademark"

Trademark Registration Procedure

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 More
Posted Under: Corporate Law |

Assignment of Trademark

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 More
Posted Under: Corporate Law |

Top Reasons Why Trademarks Are Important For Startups & Small Businesses

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 More
Posted Under: Corporate Law |

Name Search For A Company

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 More
Posted Under: Corporate Law |

How to Transfer The Ownership of Trademark

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 More
Posted Under: Corporate Law |

Trademark- Meaning, Examples, Application, procedure, Cancellation

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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Posted Under: Corporate Law |

Brief Order a must for ‘Advertisement before Acceptance’ of Trademark

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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Dispute of A Family Trademark Not A Trademark Dispute But A Family Dispute

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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Posted Under: Corporate Law |

Monopoly cannot be claimed on Words being Common to Trade

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....

Read More
Posted Under: Corporate Law |

Well-Known Trademark | Indian Standpoint

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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Posted Under: Corporate Law |

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