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Author: sevenelementz

Jibe sparks trademark application for “Namo Tea Party” in Class 45

March 3, 2014
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| Categories: Intellectual Property, Trademark

Controversial Remarks The controversial remarks from opponent political parties over Mr. Narendra Modi's as a Prime Ministerial candidate seem to have worked a lot in Mr. Modi's favor.  While BJP is moving ahead with its chai pe charcha campaign to gather massive support from public for its Prime Ministerial candidate Narendra Modi, some of his supporters went an extra mile by seeking trademark registration for 'NaMo Tea Party'. The 'Chai pe Charcha' (discussion over tea) campaign was first launched by BJP to counter a jibe made by a Congress leader at Narendra Modi (NaMo) for selling tea in his earlier years. Application for "NaMo Tea Party™" in Class 45 Mr. Shailesh Tiwari, based in Ahmedabad, who calls himself convener of 'Namo Tea...

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How to file copyright online in India?

March 2, 2014
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| Categories: Copyright, Intellectual Property

Steps to file your copyright application online However, the e-filing is not 100% online and the process is a mix of 80% online and 20% offline.  Here are the steps to accomplish registration: Enter your valid User ID and Password to login. Click onto NewUser Registration, if you have not yet registered. Note down User ID and Password for future use. After login, click on to link “Click for online Copyright Registration”. The online “Copyright Registration Form” is to be filled up in four steps Complete the Form XIV, then press SAVE button to Save entered details, and press Step 2 to move to Next Step. Fillup the Statement of Particulars, and then press SAVE button to Save entered details, and press Step 3/4...

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Indian Copyright Office goes online again!

March 2, 2014
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| Categories: Copyright, Intellectual Property

Filing Copyright Online E-filing or online filing system at Indian Copyright Office was introduced back in 2009 and continued to function until the late 2011 or early 2012 when it came to a halt.  At least for the whole year of 2013 it was almost nonfunctional. During that period, the Indian Copyright Office had been accepting applications only in paper form, up until a few days when it went online again. Copyright e-Filing System goes user friendly Unlike the e-Filing system deployed by patent and trademark registry, it does not require any form of special encryption such as a digital signature certificate to use the e-filing system.  All one needs is a bona-fide intent to apply for copyright (pun intended),...

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New Indian Patent Rules 2014 comes into effect w.e.f. Feb 28

February 28, 2014
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| Categories: Intellectual Property, Patents

New Patent Rules 2014 Last year shortly after the Patent Agent Exam in 2013, IPO notified the proposal for amendment of patent rules and had invited comments from the stakeholders and public.  The new amendments mainly had to do with increment in fee structure and introduction of new forms. Today, Government of India notified that Patents (Amendment) Rules 2014 has come into force w.e.f. 28 February 2014. The said rules are available on the official website of the Department of Industrial Policy and Promotion (Ministry of HRD), www.dipp.nic.in, and of the Office of Controller General of Patents, Designs and Trade Marks, www.ipindia.nic.in. What has changed now? A sneak peek at the latest amendment reveals the following: Increased fee structure Introduced of a new...

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Another huge step into computerization – Indian Trademark Registry

February 25, 2014
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| Categories: Intellectual Property, Trademark

We all know that Indian Trademark Office is religiously working into fully computerizing its day-to-day operations.  More recently in the first week of February 2014, i.e., on 05/02/14, a notification came as a surprise announcing that several TM forms would be accessible through e-filing platform and we also wrote on it Indian trademark registry goes 90% computerized. Another pleasant surprise came a few moments ago when our Indian Trademark Office published yet another notification on its site which read that a few other forms were added through the e-filing platform.  There are currently a total of 87 forms and currently as per the latest notification, a total of 57 forms were accessible through the e-filing platform. It is indeed a...

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TRADEMARK OBJECTION Vs OPPOSITION IN INDIA– EXPLAINED

February 7, 2014
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| Categories: Intellectual Property, Trademark

It is a common misconception among the general public that trademark registration just begins and ends with filling up a form (TM-1) and submitting it before the trademark office.  Contrastingly, a trademark application goes through several stages before it is finally registered, and in some cases, even after registration, revocation or cancellation proceedings are initiated by third parties under several grounds. In other countries, objection and opposition are used interchangeably.  However, in India, they denote different type of proceedings.  Objection is instituted by trademark examiner and opposition, by a third-party. What is objection? Objection is a preliminary refusal issued by the trademark examiner after examination of your application.  Some common grounds for objection are a) lack of distinctiveness (Section 9)...

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