trademark

Brief note on Patent application in India

Corporate 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)...

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Insights of Trademark Rules, 2017

Corporate Law - 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2017, which makes the entire trademark registration process easy & hassle-free and The Trademark Rules, 2002 are hereby repealed without prejudice to anything done under such rules before the coming into force of these rules....

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Key takeaways from new Trademark rules

Corporate Law - 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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IPR Enforcement toolkit for Police

Corporate Law - 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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Recognition and measurement of intangible assets

Corporate Law - 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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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"

CGPDTM introduces automatic system for patent certificates

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 More
Posted Under: Corporate Law |

Patent application examination time may reduce to 18 months

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 More
Posted Under: Corporate Law |

Brief note on Patent application in India

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 More
Posted Under: Corporate Law |

Salient features of the new Trade Mark Rules, 2017

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 More
Posted Under: Corporate Law |

Insights of Trademark Rules, 2017

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....

Read More
Posted Under: Corporate Law |

Key takeaways from new Trademark rules

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:...

Read More
Posted Under: Corporate Law |

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 Registrar shall cause the necessary alterat...

Read More

IPR Enforcement toolkit for Police

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. ...

Read More
Posted Under: Corporate Law |

Recognition and measurement of intangible assets

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...

Read More
Posted Under: Corporate Law |

IP an intangible asset contributing to tangible success of Company

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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Posted Under: Corporate Law |
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