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Category: Intellectual Property

Indian Trademark Registry launches “TM Dashboard”

November 1, 2013
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| Categories: Intellectual Property, Trademark

New Dashboard CGPDTM launches a Dynamic Trademark Utility which will allow the public to see on real time basis the detail of Examinations of trademark applications, show cause hearings, publications in the trademark journal, registrations of trademarks, otherwise disposal of applications (i.e. by way of abandonment, refusal etc.) doneandother notices issued month-wise or date-wise. Possibly, increasing number of RTI applications could be one of the main reasons behind this implementation, among other things.  Regardless, this is a good move for stakeholders, in particular trademark attorneys and agents, who can check the status of their applications through the new Dash Board. However, the dashboard is not rather helpful if not useful when compared to foreign trademark offices, especially IPO, USPTO, IP...

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The “Reddy” trademark case – Must read for new biz start-ups

November 1, 2013
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| Categories: Intellectual Property, Trademark

Name Infringement Yet another classic case here tells us why it is imperative to do a thorough search to look for any trademark infringement before finalizing name for your new venture.  Getting your company registered with Registrar of Companies/Ministry of Corporate Affairs may not give you all the rights you should get over your company's name, mainly because MCA has not been exercising its powers diligently by raising objections when someone tries to register a company consisting of a registered trademark of a third party. We also wonder should there be a reverse process ? Time and again we emphasize the real need for exploiting a trademark in trade and commerce to the fullest potential possible to strengthen your mark, which...

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Why should your trademark be unique and distinctive?

October 30, 2013
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| Categories: Intellectual Property, Trademark

Our personal experience It has been quite an interesting journey for all of us since we started our career into intellectual property.  Each of our lawyers encounter on a day to day basis clients from different levels and parts of society involved in different businesses. Counseling and brainstorming a client is quite a task which consumes seventy percentage (70%) of our lawyers' time before proceeding with a trademark application.  We must admit that we, at our very best, manage to convince 60% of the clients to not go for marks that are directly or indirectly infringing on existing registered marks or well-known trademarks. Some clients are persistent on their stance even when advised by us about the potential consequences of objections...

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Trademark Bullying – are you being bullied?

October 25, 2013
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| Categories: Intellectual Property, Trademark

What is trademark bullying? Bullying, in general, means an act of intimidating a weaker person to do or not to do something.  This term is quite familiar to most of us, especially in the context of school, colleges, workplaces, etc.  Bullying seems to be an epidemic and has invaded the trademark industry as well.  Normally, well-informed clients and/or attorneys do not engage in this behavior. Trademark bullying, in our own words, means a form of threat, instigation, or communication initiated by, in most cases, a registered trademark owner against others who generally may not be registered owners, to do or to stop doing something that is, without any reasonable cause, likely to or is infringing the trademark of registered trademark...

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After 10 years Isohunt closes down a bit early, survived many Copyright battles!

October 22, 2013
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| Categories: Copyright, Intellectual Property, Piracy

Many of the file sharing and torrent websites have been losing their battles against Copyright owners.  One such was Megaupload, which was shut down a few months ago.  Isohunt.com has fought many battles and somehow pulled off for about 10.5 years. Isohunt has posted a notice on its website that it has closed a day earlier than required to avoid being a part of an attempt to archive it.  Isohunt was first sued by a movie production house in way back in 2006 and the case has reached a settlement with the MPAA and Isohunt agreed to both pay $110 million in damages and to close down in seven days. After a group named Archiveteam said they were preparing to make...

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In “Advocates as Patent Agents” Case- IPO says “it has been appealed”

October 20, 2013
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| Categories: Intellectual Property, Trademark

SP Chockalingam vs. Controller of Patents March 15, 2013 was a much-awaited date for the legal fraternity when Honourable Madras High Court pronounced a verdict on a writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Declaration, that the amendment introduced to Section 126 of the Patents Act, 1970, by Section 67 (a) of the Patents (Amendment) Act, 2005 (Act 15 of 2005) as illegal, unconstitutional, ultra vires and void. After several months have passed by, our Indian Patent Office (IPO) has not made a public statement as to whether it was going to appeal or implement the decision, to our knowledge.  In the interim, many advocates were curious to know...

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