Cybersquatting vs Trademark Registration – How trademark registration can shield you from cybersquatting?

                                               How registration of trademarks can kill cybersquatters? [caption id="attachment_353" align="aligncenter" width="637"] trademarking and cybersquatting in india[/caption] What is cybersquatting? Cybersquatting is an internet terminology that involves registering a domain name of interest to someone else (e.g. a business of that name) in the hope of selling it for a profit.  This is mostly done with an intention, inter alia, to place online ads, divert traffic, cause confusion, damage reputation online, etc. Can you register your name under all extensions? Gone are the days where TLDs( top level domain names) were limited to .com, .net., .org.  The TLD list is growing every...

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Caution: Using registered trademarks as keywords for online advertisements?

Using Trademarks as Keywords E-commerce has been continuously evolving over the past few years, so has been the trademark laws worldwide.  This has been a common practice among the online business entities to use the competitors' brand name, slogan, domain name, product name as keywords.  This strategy is essentially a trick of displaying aids targeted towards users searching for a certain keyword of your competitors. [caption id="attachment_349" align="alignleft" width="452"] Using other's trademarks as keywords in online advertising[/caption]   Typically, online digital media advertising companies such as Google Adwords, etc. do not object to it as they put up a defense stating that they cannot literally verify each keyword used by the advertisers as to whether it is a "trademark" or...

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“Use it or lose it” if you are not using your trademark after filing, you must read this!

Use it or Lose it - Trademark   Intellectual Property (IP) rights in itself is a negative right.  Unlike other kinds of intellectual property such as Patents, Copyrights, Designs, Trademark is the only right that one can have in his possession for his lifetime when in use and renewed. [caption id="attachment_343" align="alignright" width="227"] Use the trademark or lose the trademark[/caption]   This simply means a registered trademark can be renewed every 10 years by paying prescribed fees and the trademark owner shall continue to exploit his rights over the usage for perpetuity.   However, this comes with a stipulation of continued usage in trade and if you do not use your mark for a reasonable period of time even after registration,...

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TM registry to hike costs for trademark registration

After the recent hike in patent fees, on August 1, 2013, the Ministry of Commerce and Industry through the Department of Industrial Policy and Promotion has published a draft of the amendments to the Trademark Rules 2002. Please see the gazette notification here This draft notifies essentially two things as given below: Fee for trademark application-------------------Existing Fee 3500 INR---------------Proposed Fee 4000 INR Fee for expedited trademark examination----Existing Fee 17500 INR--------------Proposed  Fee 20,000 INR Although the expedited examination is supposed to place your application before the examiner anywhere between 7 days to 3 months, this has not been effective as it should due to shortage of staff in TM registry. We hope these conditions will also improve.

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Things to look for when using Madrid System in India – National System vs Madrid System

[caption id="attachment_329" align="aligncenter" width="520"] Madrid-WIPO[/caption]   While it is indisputable that Madrid Trademark System brings a host of advantages for applicants wanting to register their trademark across the globe, there are a few things to be taken in to consideration to chose whether Madrid System would suit you. If you are only looking to register your brand only in a country or two, then you may have to think twice before choosing Madrid System as you may end up spending a lot more than you should. For example, if you want to get a trademark only in US, then you are better off using the national system, as opposed to Madrid System. To get a trademark in US using Madrid...

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Are you ready for the new Indian Patent Rules 2013?

Ipindia.nic.in has recently published on its website a notification inviting comments on the proposed Patent (amendment) Rules 2013 draft. Experts and public stakeholders are invited to render their suggestions, comments, objections and recommendations.  All recommendations or objections shall be sent to Secretary, Ministry of Commerce and Industry, Government of India, Udyog Bhavan, New Delhi - 110011. What is likely to be changed? Although there is no substantial changes with regard to any provisions, the fee for several provisions have been increased by 10% .   The fee for electronic filing has been made lesser than manual filing. Form 7A is introduced for representing opposition to grant of patent. The draft can be accessed Draft Patent Rules 2013. Advocates as Patent Agent? ...

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