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Corporate Law - 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....
Read MoreCorporate Law - 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....
Read MoreCorporate Law - 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....
Read MoreCorporate Law - 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. ...
Read MoreCorporate Law - 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)...
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 MoreCorporate 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;...
Read MoreCorporate 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...
Read MoreKali 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. ...
Read MoreHawkins 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...
Read MoreHem 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...
Read MoreHahnemann 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...
Read MoreCadila 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...
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...
Read MorePublic 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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