trademark

Trademark Registration in India and Registration Process

Corporate Law - What Is A Trademark? In simple terms Trademark is often referred to as a brand. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others in the market and may include the shape of goods, their packaging and combination […]...

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Commercialisation of Intellectual Property Rights : IP Assignment & IP Licensing

Corporate Law - Commercialisation of Intellectual Property Rights : IP Assignment and IP Licensing Commercialisation may be understood as a process of organisation of something in way to generate profit or managing a product or service or right or anything for financial gain. Assignment agreements are important since they allow the IP rights holder to tr...

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Knowledge about Trademark for safety of your Brand

Corporate Law - WHAT IS TRADEMARK? In general, trademark refers to ‘Brand’ or ‘Logo’. Trademark gives protection to your business name, symbol, phrase, design, tag line, brand name or logo which you are using for your business. It differentiates your product or service from others as it makes your customer recognize your product o...

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Trademark Act- Section 34 vs Section 35

Corporate Law - Section 34- Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title […]...

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Infringement of Trademark

Corporate Law - Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. To put it in a similar way it is a situation when an unauthorized person uses a trademark that is ‘identical’ or ‘deceptively similar’ to a registered trademark, it is known as infringement. There are two kinds of Trademark Inf...

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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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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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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"

Trademark Registration in India and Registration Process

What Is A Trademark? In simple terms Trademark is often referred to as a brand. Trademark means a mark capable of being represented graphically and which is capable of distinguishing the goods or services of one person from those of others in the market and may include the shape of goods, their packaging and combination […]...

Read More
Posted Under: Corporate Law |

Commercialisation of Intellectual Property Rights : IP Assignment & IP Licensing

Commercialisation of Intellectual Property Rights : IP Assignment and IP Licensing Commercialisation may be understood as a process of organisation of something in way to generate profit or managing a product or service or right or anything for financial gain. Assignment agreements are important since they allow the IP rights holder to tr...

Read More
Posted Under: Corporate Law |

Knowledge about Trademark for safety of your Brand

WHAT IS TRADEMARK? In general, trademark refers to ‘Brand’ or ‘Logo’. Trademark gives protection to your business name, symbol, phrase, design, tag line, brand name or logo which you are using for your business. It differentiates your product or service from others as it makes your customer recognize your product o...

Read More
Posted Under: Corporate Law |

ICAI gets Registration of acronym “UDIN” as Trade Mark

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 More
Posted Under: Corporate Law |

Trademark Act- Section 34 vs Section 35

Section 34- Nothing in this Act shall entitle the proprietor or a registered user of registered trade mark to interfere with or restrain the use by any person of a trade mark identical with or nearly resembling it in relation to goods or services in relation to which that person or a predecessor in title […]...

Read More
Posted Under: Corporate Law |

Infringement of Trademark

Trademark infringement in India is defined under Section 29 of the Trademarks Act, 1999. To put it in a similar way it is a situation when an unauthorized person uses a trademark that is ‘identical’ or ‘deceptively similar’ to a registered trademark, it is known as infringement. There are two kinds of Trademark Inf...

Read More
Posted Under: Corporate Law |

Trademark Search – Why Should We Take A Long View?

Want to safeguard your brand, logo or business name? Then you should surely know about trademark registration. What is Trademark Registration? Trademark registration provides legal identity to your brand, logo or company name. It helps your customer to distinguish your company products and services from others and creates business goodwil...

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Posted Under: Corporate Law |

Blanket Quashing of Trademark Removal: Another Chance for defaulters!

Trademark is an important asset for an organization. People spend their sweat, money and life to create value in a brand, which helps to create a different position in the market for their products with other’s products. Organization registers their trademark to extend their protection from infringer/copycats. The registration of a trad...

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Posted Under: Corporate Law |

Trademark Registration in India: FAQs

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. A trademark is a very important asset for any business. In this article, we shall discuss about the frequently asked questions about the various aspect of […]...

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Posted Under: Corporate Law |

Trademarks Registration :- All you should know

Article discusses Trademark, its effect and its types, Types of Trademark:, Validity of a Trademark after registration, Steps for Trademark Registration in India, Status of the Trademark Application, Timeline of the Trademark registration process, Correction to the Trademark Application, Procedure of Renewal of a Trademark and Trademark A...

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Posted Under: Corporate Law |

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