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Category: Trademark

TM5 – a new framework by key players in trademarks

October 3, 2014
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| Categories: Intellectual Property, Trademark

The TM5 is a conglomerating of the world’s top five trademark offices 1) China’s State Administration for Industry and Commerce (SAIC) 2)  Europe’s Office for Harmonization in the Internal Market (OHIM) 3)  the Japan Patent Office (JPO) 4) South Korea’s Korean Intellectual Property Office (KIPO) 5) the United States Patent and Trademark Office (USPTO). These offices reportedly account for 70 percent of all trademark and design applications worldwide. The TM5 grew out of the Trademark Trilateral, a cooperative framework of the JPO, OHIM and the USPTO that was formed in 2001.  After expansions in 2011 and 2012 to include KIPO and SAIC, respectively, the group has had gradually evolved into its present form. The tmfive.org website contains the history and objectives of...

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Trademark fees revised, increases by a few hundreds!

August 8, 2014
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| Categories: Intellectual Property, Trademark

Trademark Fee and Fee for Expedited Examination go up! We blogged a while ago regarding the proposed increase in fee for trademark application (http://sevenelementz.net/legal/tm-registry-to-hike-costs-for-trademark-registration/). Coming as a surprise notification, the Trade Mark Registry posted an update on its website on August 7, 2014 notifying the fee increase of Rs. 500 in trademark application fee, i.e., from Rs. 3500 to Rs. 4000.  Also, the fee for expedited examination is increased to Rs. 20,000.  The notification can be seen (http://ipindia.nic.in/iponew/publicNotice_07August2014.pdf)   What changes the stakeholders expect to see? One can only hope that such fee increase would add revenue so more competent and qualified resources can be employed and consequently it would increase the efficiency of existing operations and reduce the pendency...

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Football World Cup and Trademarks: How companies promote their brand?

July 5, 2014
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| Categories: Branding, Intellectual Property, Trademark

It is not an exaggeration to say that people around the world have all of a sudden become hardcore football fans, at least took a small hiatus from their favorite games, over the past few weeks. Apart from the game in and of itself, other interesting incidents have made it more entertaining and speculating. One such thing is Uruguay player Luis Suarez’s apparent bite on an opposition footballer of Italy at the World Cup. While the sports community see it as an embarrassing and objectionable act, top brands refuse to see it that way but as a platform to promote their brands and products. Immediately after the incident, many brands around the world have jumped into the incident and starting...

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Pepsico gets relief in AQUAFINA trademark case

June 13, 2014
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| Categories: Copyright, Intellectual Property, Trademark

We live in an era when water is slowly becoming a commodity. Those days are not too far when water will no longer be freely and easily accessible or available. There are numerous brands under which bottled water is being sold in the marketplace, and for the most part, most of them adapt similar colour combination and texts on their labels and the labels printed on them bear similarities. Among thousands of small companies, sizable players are Coca Cola and Pespisco, and AQUAFINA is the registered trademark of PEPSICO. Small time proprietors are increasingly become ignorant of business ethics, laws and statutory compliance, and are willing to take significantly high risks for petty profits. AQUAFINA Vs AQUA FIES Permanent Injunction and Rs. 5 Lakh damages...

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Check our application status at ease now, thanks to Indian Trademark Office!

June 7, 2014
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| Categories: Intellectual Property, Trademark

Over the past months we have been writing periodically about the digitization process happening at the office of Controller General of Patents, Designs and Trademarks (CGPDTM) (here and here), more specifically about trademarks.  Now, the Indian trademark registry has made available yet another online dashboard utility named as “Stock and Flow of Trademarks” to show the flow of applications. The previous utilities failed to show the exact status of applications, for example, whether an application is on the way to publication or registration after examination, etc.  Applicants, agents and attorneys can now more closely monitor their applications and prepare themselves for appropriate proceedings without taken by surprises.  This tool is pretty straightforward and simple to use, although clearly lacks sophistication...

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Funding to protect your intellectual property

April 19, 2014
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| Categories: Copyright, Intellectual Property, Patents, Piracy, Trademark

Business entities, regardless of its size, commonly complain about their expenses and spends on intellectual property (IP) protection. As a result, they are reluctant to take appropriate actions against infringers which puts them at considerable risk in losing revenue. However, this is attributed to the lack of awareness of benefits from protecting IP and also likely due to absence of an aggressive marketing and business growth strategy.  Companies in the market for a while have had already realized (and possibly harvested) the benefits and some of them have an in-house IP Department.  This is only limited to MNCs and other major players.  These companies allocate funds for IP protection, research and development in the field of intellectual property and some...

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