Corporate Law : The article explains that trademark registration protects the composite mark as a whole, while Section 17 restricts exclusive righ...
Corporate Law : The article explains the trademark filing and prosecution process in Bhutan, including examination, publication, opposition and re...
Corporate Law : Sensory judgement: A legislative comment on the expansion of the ‘mark’ and the scientific resolution of graphical representat...
Corporate Law : The court ruled that using a registered trademark as a keyword to divert online traffic can amount to trademark infringement. The ...
Company Law : Even after incorporation, a company name can be changed if it conflicts with a registered trademark. Section 16 empowers the Gover...
Corporate Law : Beware of fraudsters soliciting money for IP applications. Report any suspicious claims to the office. Applications processed lega...
CA, CS, CMA : Company Secretaries in Practice are allowed to be registered as Trade Marks Agent under Rule 144 of the Trade Marks Rules, 2017, r...
Corporate Law : A writ petition is filed before Hon’ble Rajasthan High Court, Jodhpur while challenging the Circular dated 28.08.2020 being issu...
Corporate Law : The Union Cabinet in its meeting dated 15.09.2020 gave the approval for signing the MoU with Denmark in the field of IP Cooperatio...
Corporate Law : A trademark application is processed in accordance with The Trade Marks Act, 1999 and The Trade Marks Rules, 2017. 1. Application ...
Income Tax : The Delhi High Court held that Google could not use the registered trademark HINDWARE as advertising keywords and granted a perman...
Corporate Law : The Delhi High Court ruled that the use of registered trademarks as keywords in Google Ads amounts to use under the Trade Marks Ac...
Income Tax : High Court held that consideration received on transfer of self-generated trademarks before 1 April 2002 was not taxable as capita...
Corporate Law : The issue was whether the NCLT could declare ownership of a trademark during CIRP. The Supreme Court held that title disputes not ...
Corporate Law : Delhi High Court grants injunction against Franchise India Brands Ltd. and Ichakdana Food Services LLP for unauthorized use of 'Ra...
Corporate Law : Government proposes draft amendments to Trade Marks Rules 2017 introducing a Code of Conduct, disciplinary procedures, and complai...
Corporate Law : Calcutta High Court put on hold a public notice restricting online legal advertising for trademark registration, keeping the issue...
Corporate Law : Trade Marks (Holding Inquiry and Appeal) Rules 2024 now in effect. New procedures for complaints, inquiries, and appeals under the...
Corporate Law : Explore the proposed Trade Marks (1st Amendment) Rules, 2024 by the Ministry of Commerce and Industry. Learn about adjudication pr...
Corporate Law : The common or generic names of the commodity contained in the package and in case of packages with more than one product, the name...
The new numbering system for patent applications shall have 12 characters fixed length numeric standard Patent Application Format , applicable to all the Patent Offices in India and shall include identifiers of Year of filing, Jurisdiction, type of application and application number as per Annexure-1
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.
A Trade Mark is a visual symbol in the form of a word, a device,or a label applied to articles of commerce with a view to indicate to the purchasing public that is a good manufactured or otherwise dealt in by a particular person as distinguished from similar goods dealt or manufacture by other persons.
Any person claiming to be the proprietor of a trade mark used or proposed to be used by him may apply in writing in prescribed manner for registration. The application should contain the trade mark, the goods/services, name and address of applicant and agent (if any) with power of attorney
The Office of Controller General of Patents, Designs and Trade Marks has taken the following steps to strengthen the process and creations of Intellectual Property Rights. (i) The filing of Patents and Trademarks applications has been made online.
It can be concluded that registering INTELLECTUAL PROPERTIES will be a strong protection and a value addition to the corporate sector. It is as much an asset as any other property. Always we have to remember as said earlier, IF YOU HAVE A TRADEMARK, REGISTER IT and IF YOU HAVE REGISTERED A TRADEMARK then USE IT.
Trade Mark registration is quasi-judicial process and tends to be time consuming as it involves various steps, inter-alia, examination, publication and disposal of opposition. Sharp increase in the applications filed in the recent years and shortfall in manpower are the other reasons for delay.
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 committed is by proceeding upon the premise that the evidence establishes that the respondent manufactures gaskets specifically for the special sizes of pressure cookers manufactured by the appellant, ignoring that the evidence is to the contrary
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 a connection in the course of trade between the person and his goods.
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. Accordingly, C.S. 360 of 2009 was filed and an interim order passed on 19th February, 2010 restraining the respondent from dealing with, offering for sale, advertising, marketing or publicising the impugned trademark ‘Arnimax’. Such order was continued on 8th April, 2010 and direction given for filing affidavits. An affidavit has been filed and a No Objection Certificate dated 9th December, 2002 has been relied upon by the respondent. Such No Objection Certificate was given by one Das Homoeo Laboratory (P) Ltd. No certificate of the petitioner has been produced. In fact on a comparison of the signature of the person who is the signatory to the certificate with the signature in the Indenture of Lease dated 25th March, 1988 the said signature will not tally. The licence given to Das Homoeo Laboratory (P) Ltd. by the owners of the registered trademark did not include the registered trademark ‘Arnimax’. Therefore, neither Das Homoeo Laboratory (P) Ltd. nor anyone deriving a right thereunder could have issued the No Objection Certificate. No document evidencing sale, registration or user has been produced by the respondent therefore the case of infringement made out subsists and the order dated 19th February, 2010 and subsequent orders passed be confirmed.
