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Category: Trademark

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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Different stages of trademark application in India

October 4, 2013
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| Categories: Intellectual Property, Trademark

A trademark application after it is filed has to see through several stages of scrutiny before it is finally registered.  So, the applicant and or the applicant's counsel needs to diligently follow up with every stage of the application.  After the implementation of online filing, a.k.a. e-filing of trademarks, objections and other notifications are published online. Some of the common stages are as given below: 1)  Online New Application or New Application  - indicates that the application is filed and/or the data entry has been done. 2) Send to Vienna Codification - only applies to non-text trademarks, containing logo or label or artwork.  This means your non-text trade mark is being assigned with codes as per vienna codification 3) Formalities...

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

September 10, 2013
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| Categories: Intellectual Property, Trademark

                                               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?

September 9, 2013
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| Categories: Intellectual Property, Trademark

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!

September 1, 2013
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| Categories: Intellectual Property, Trademark

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

August 25, 2013
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| Categories: Intellectual Property, Trademark

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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