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Category: Intellectual Property

En-masse orders of abandonment of TM applications stayed by Delhi HC

April 12, 2016
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| Categories: Branding, Intellectual Property, Trademark

Subsequent to the public notice dated 04/04/2016 issued by the Trade Marks Registry regarding en masse abandonment of TM applications for non-filing of response to examination reports, wherein applicants and/or agents were asked to send their representations to the registry via email before 30/04/2016 for further action, now the Registry has issued another notification wherein it stated that all order of abandonment issued after 20/03/2016 are being kept at abeyance and have asked the applicants/agents to file their responses. The notification stated that, “Now that Writ Petitions WP (C) 3043/2016 & 3067/2016 were filed before the Hon’ble High Court Delhi and the Hon’ble Court vide their order dated 05/04/2016, has stayed the orders of abandonment passed by the Registrar on...

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Trademark fees to be increased again by 100%

November 22, 2015
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| Categories: Intellectual Property, Trademark
Revised Trademark Fee

The Office of the Controller General of Patents, Designs & Trade Marks (CGPDTM) has put forth a Draft Trade Marks (Amendment) Rules, 2015 for Public Comments. The draft includes a revised, inter alia, application fee and renewal fee. The current trademark application fee is Rs. 4000/- which was increased last year from Rs. 3500/-. Renewal fee towards a single class is Rs. 5000/- presently. The new fee structure proposes to increase the application fee to Rs. 8000/- for online applications and Rs. 8800/- for manual/paper filings, and renewal fee to be increased to Rs. 10000/- per class. [caption id="attachment_848" align="alignnone" width="300"] Revised Trademark Fee[/caption] While the fees are relatively lesser than foreign countries, the registration process still needs significant improvement,...

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Liquor company to face law suit for using Mahatma Gandhi’s image

January 4, 2015
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| Categories: Branding, Intellectual Property, Trademark

Significance of Images and Designs in Brewing Industry Images and bottle designs play a vital role when it comes to liquor manufacturers as they greatly enhance the distinctiveness of brand. However, there are limitations when it comes to using certain names, images, etc., in particular those linked to National significance. In fact, when it comes to company names, only government-owned establishments can use the word such as "National". This is even applicable for domain names too. The case of "Gandhi-bot" trademark Now, a US-based liquor company, New England Brewing, is facing trouble for capitalizing on Mahatma Gandhi's reputation by featuring image resembling Mahatma. The Connecticut-based company went a step further to state that its intention was to pay homage and...

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Xiaomi Infringement Case – an overprotection?

December 11, 2014
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| Categories: Intellectual Property, Patents

Ericsson, a Swedish MNC, got an ex parte interim order from the Delhi High Court against Xiaomi in a case involving infringement of patents relating to AMR technology, 2G and 3G technologies. It is interesting to note that Ericsson had in the past sued Micromax, Gionee, and Intex and did not succeed against Intex but the other two companies. While this being the case, there is also a complaint pending before the competition commission of india (CCI) for alleged unfair trade practices in patents by Ericsson. The injunction now prohibits Xiaomi and its e-tailer Flipkart, which has also been implicated in this case, from selling, advertising, manufacturing or importing the devices that infringe these patents. Also, directions were issued to...

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The story and fate of Khadi trademark

December 7, 2014
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| Categories: Intellectual Property, Trademark

It is nothing new for us as we have had similar past experiences and spent a few crores of exchequer's money to defend against biopiracy and intellectual property theft. Patenting of Turmeric and Neem, trademarking of Basmati in the past do not fade away easily. History now repeats itself and this time it is the Khadi trademark which is under dispute. The German company, named Khadi Natureprodukte GbR, has registered 'Khadi' as a trademark with the European agency, OHIM (Office for Harmonization in the Internal Market). Spain-based OHIM is the nodal agency looking after Trademarks and Design Registration in the European Union. The Khadi and Village Industries Commission (KVIC), a statutory body engaged in promoting and developing khadi and village...

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Why patent search is very important?

October 27, 2014
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| Categories: Intellectual Property, Patents

Importance of Patent Search It is a well regarded fact that a good idea does not necessarily mean it is patentable or a good invention. Many inventions meet death without seeing the light of commercial success, due to several reasons.  On the other hand many patents get invalidated due to infringement upon other patents and for the most part, this can be attributable to inefficient patent search. Without a diligent patent search, you will most likely end up "reinventing a wheel" again.  The damage caused due to this is not limited to time, costs and efforts. Patent information search is crucial for inventors, R&D departments and for any business entity dealing with innovation and inventions. The case below is the best...

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